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Delhi High Court - Orders

Sanjeev & Ors vs Gulshan Kapur & Ors on 20 August, 2025

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                       *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                       +         RC.REV. 202/2025
                                 SANJEEV & ORS.                                                    .....Petitioners
                                               Through:                            Mr. Ashok Kumar Singh, Sr.
                                                                                   Advocate with Mr. Rajesh Kumar,
                                                                                   Mr. S.S. Wadhwa, Mr. Rajat Joshi,
                                                                                   Mr. Eesha Garg and Ms. Saloni,
                                                                                   Advocates.

                                                               versus

                                 GULSHAN KAPUR & ORS.                   .....Respondents
                                             Through: Mr. H.S. Dhawan and Mr. Pawan
                                                      Rawat, Advocates.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                               ORDER

% 20.08.2025 CM APPL. 51285/2025-Exemption

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 51284/2025-Stay

3. By virtue of the present application, the petitioners seek hearing of the present application alongwith C.M. Appl. No. 40597/2025 and stay of the execution proceedings in Execution Petition No.1671/2025 titled Gulshan Kapoor & Ors. Vs. Sanjeev & Ors., pending before the learned Additional Rent Control-01, Central District, Tis Hazari, Delhi during the pendency of the present Revision Petition.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2025 at 22:55:54

4. At the outset, learned (senior) counsel for the petitioners fairly seeks to withdraw the earlier application seeking stay i.e. C.M. APPL. 40597/2025, on which notice has already been issued on 11.07.2025.

5. As per learned (senior) counsel for the petitioners that even though the petitioners have a good case on merits, the earlier stay application was not pressed since no execution had been filed till then. However, now there is a change in circumstances as respondents have recently filed an execution petition, which is pending before the ARC-01, Central District, Tis Hazari Court, Delhi.

6. Be that as it may, learned (senior) counsel for the petitioners without going into the merits of the application fairly submits that the petitioners are willing to pay the user and occupation charges @ Rs.20,000/- per month with effect from August, 2025 till the pendency of the present petition.

7. Learned counsel for the respondents submits that the same is acceptable, albeit, subject to final adjudication of the petition on merits.

8. Accordingly, the petitioners are directed to pay an amount of Rs.20,000/- per month towards use and occupation charges to the respondents with effect from August, 2025 on or before the 07 th of each English calender month till the pendency of the present petition.

9. In view of the above, the present application is disposed of.

RC.REV. 202/2025

10. Although the present petition is not listed today, however, considering the submissions of the learned (senior) counsel for the parties that the parties involved are senior citizens, they seek and are granted a period of four weeks to file their respective written synopsis not exceeding This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2025 at 22:55:54 five pages, giving a chronological list of dates and events and relevant documents, if any, alongwith duly highlighted judgments setting out the propositions of law therein, they wish to rely upon.

11. Re-notify on 07.11.2025, the date already fixed.

12. In the meanwhile, the Trial Court Record be requisitioned in e- form.

SAURABH BANERJEE, J AUGUST 20, 2025/NA This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2025 at 22:55:54