Delhi High Court - Orders
Sunita Goel vs Maman Chand & Anr on 20 December, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:20.12.2021
22:27:11
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.S.A. 1/2021
SUNITA GOEL ..... Appellant
Through: Ms. Manmeet Arora and Mr.
Siddharth Aggarwal, Advocates.
(M:9871588350)
versus
MAMAN CHAND & ANR. ..... Respondents
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 20.12.2021
1. This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court. CM APPL.46087-88/2021 (for exemption)
2. Allowed, subject to all just exceptions. Applications are disposed of. EX.S.A.1/2021 & CM APPL.46086/2021 (for stay) & 46089/2021 (exemption from filing LCR)
3. The present execution second appeal arises out of the impugned order dated 3rd December, 2021 in RCT no. 168/2019 titled Smt. Sunita Goel v hri Maman Chand & Ors. passed by the Principal District & Sessions Judge, Headquarters & Rent Control Tribunal, Central District, Tis Hazari Courts, Delhi vide which the first appeal, challenging the dismissal of Appellant's objections was rejected.
4. Heard Ld. Counsel for both the parties and perused the record. It appears that the dispute is narrow and is in respect of a boundary wall identifiable in green in the site plan of the ground floor of property no. 4559 Signature Not Verified Digitally Signed By:Devanshu Signing Date:20.12.2021 22:27:11 and 4579 Ward no. XVI Kh. No. 125, Gali No. 52 Arya Samaj Road, Rehgar pura Karol Bagh New Delhi attached with the sale deed bearing No. 1099/2011-2012 effected between Sh. Maan Chand and Smt. Sunita Devi. Ld. Counsel for the Appellant submits that the said boundary wall is distinct from the property which was the subject matter of the eviction petition as also from the shop which has been purchased by the Appellant from the Landlord.
5. The Court wishes to peruse the judgment in the Eviction petition bearing no. 174 of 1983 titled Maman Chand v. M/s Rattan Lal Ram Kumar under section 14(1)(a) and 14(1)(b) of the Delhi Rent Control Act, 1958 of which the execution is sought by the Decree Holder. Accordingly, let the same be produced before this Court tomorrow.
6. List on 21st December, 2021.
7. In the meantime, Ld. Counsel for the Respondent appearing before the Executing Court be intimated by the ld. Counsel for the Appellant, of the matter having been adjourned for 21st December 2021 so that the Respondent can also be given an opportunity to be heard in this matter.
PRATHIBA M. SINGH, J.
DECEMBER 20, 2021/dk/SK