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Radha Aggarwal & Ors vs Bishan Kumar Aggarwal on 8 September, 2020

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw, Asha Menon

$~8
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    RFA(OS) 34/2020
     RADHA AGGARWAL & ORS.                            ..... Appellants
                     Through: Ms. Geeta Luthra, Sr. Adv. With Mr.
                                Ankit Jain, Mr. Nishant Datta, Ms.
                                Kamakshi Gupta and Mr. Pradeep
                                Bhardwaj, Advs.
                          Versus
     BISHAN KUMAR AGGARWAL                          ..... Respondent
                     Through: Mr. Ashish Virmani, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
                           ORDER

%                          08.09.2020
[VIA VIDEO CONFERENCING]
CM No.22007/2020 (for exemption)

1. Allowed, subject to just exceptions and as per the extant rules.

2. The application is disposed of.

RFA(OS) 34/2020 & CMs No.22002/2020 (for leading additional evidence), 22003/2020 (u/O VI R-17 r/w S-151 CPC), 22004/2020 (u/O XI R-14 r/w S-151 CPC), 22005/2020 (u/O XLI R-5 CPC) & 22006/2020 (for condonation of 36 days delay in re-filing the appeal)

3. The appeal has been listed on urgent mentioning and has been taken up at 1500 hours.

4. The appeal impugns a judgment and decree, under Order XII Rule 6 of the Code of Civil Procedure, 1908, of recovery of possession of immovable property.

5. The counsel for the respondent/plaintiff appears on advance notice.

6. The 36 days delay in re-filing the appeal is condoned. CM No.22006/2020 is disposed of.

7. Considering the nature of the appeal and since suit record is not required, we have proceeded to finally hear the appeal today itself and have heard the senior counsel for the appellants/defendants, from 1500 hours to 1615 hours; she states that she needs 30 to 40 minutes more. It is already 1620 hours.

8. The senior counsel for the appellants/defendants, on enquiry, states that she is not willing for physical hearing for which the Bench is sitting tomorrow and day after tomorrow.

9. It is informed by the senior counsel for the appellant that in pursuance to the execution filed by the respondent/plaintiff, the bailiff visited the premises yesterday, for delivering possession thereof to the respondent/plaintiff but the appellants/defendants are still in possession and have not been ejected as yet.

10. The counsel for the respondent/plaintiff controverts and states that the appellants/defendants are in possession of one room only and the possession of the remaining rooms has been taken.

11. The senior counsel for the appellants/defendants, under instructions, states that there are in all three rooms on the first floor of the subject property and of which possession of one room has been taken by the respondent / plaintiff and the appellants/defendants are in possession of two rooms and a toilet.

12. The same status, as informed to be prevailing today, to continue and all parties concerned are restrained from changing the same.

13. Let the bailiff report be also placed before the Court on the next date of hearing.

14. List for remaining hearing on 11th September, 2020.

RAJIV SAHAI ENDLAW, J.

ASHA MENON, J.

SEPTEMBER 8, 2020 'bs'..