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High CourtsSingle Bench(2026) 01 DEL CK 2467

Harish Sethi vs Pradeep Chand Giri Since Deceased Through Krishan Chander Singh

Delhi High Court, Principal Bench, New Delhi · Decided on 28 January 2026

HON’BLE JUDGES
Rajneesh Kumar Gupta, J
RESULT
Disposed Of
CASE NUMBER
CM(M) 2344/2025

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Judgment

16 paragraphs · 367 words

Rajneesh Kumar Gupta, J.

1.

This hearing has been conducted through hybrid mode.

CM APPL. 5818/2026 (for directions)

2.

The present application has been moved on behalf of the petitioner under Section 151 of the Code of Civil Procedure, 1908, seeking three months’ time to vacate the suit property and to hand over the vacant possession of the same to the respondent.

3.

Heard.

4.

Learned Counsel for the respondent has opposed the application and submits that the Bailiff has already been appointed for today to take over the possession of the said property.

5.

Learned Counsel for the petitioner submits that it would be difficult for the petitioner to make immediate alternate arrangements for the residence of his family, particularly in view of the fact that his grand-daughter is just seven months old.

6.

Learned Counsel for the petitioner submits that the petitioner shall hand over the possession of the said property on or before 21st February, 2026 to the respondent. The statement of the learned Counsel is taken on record. Let an affidavit of undertaking be also filed on behalf of the petitioner within a period of three days from today.

7.

Keeping in view of the above undertaking of the petitioner, the petitioner is directed to hand over the possession of the suit property to the respondent on or before 21st February, 2026. Till then, the warrant of possession of the suit property are stayed, if it is not executed so far.

8.

In case the petitioner fails to hand over possession of the said property, within the stipulated period as stated above, the respondent shall be at liberty to pursue his legal remedies against the petitioner in accordance with law.

9.

Accordingly, the present application stands disposed of.

CM(M) 2344/2025

10.

Ld. Counsel for the petitioner submits that since time has been granted to the petitioner to vacate the said property, the petitioner does not press the present petition.

11.

Accordingly, the present petition is disposed of as not pressed alongwith pending applications, if any.

12.

The next date of hearing before Court, i.e., 04th February, 2026 stands cancelled.

13.

Copy of this order be given dasti under the signature of Court Master.