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2023 Supreme(Del) 145

MANOJ KUMAR OHRI
Vimal Khanna – Appellant
Versus
Ayush Gupta – Respondent


Advocate Appeared:
For the Appellant :Mr.Vivek Kumar, Advocate.
For the Respondent:Mr. Arun Maitri and Ms.Radhika Chandrashekhar, Advocates.

JUDGMENT :

Manoj Kumar Ohri, J.

CM Appl. No.2558/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

Caveat No. 44/2023

Since learned counsel for the caveator/respondents has put in appearance, the caveat stands discharged.

FAO 11/2023 & CM Appl.2557/2023 (Stay)

1. By way of the present appeal filed under Order 43 Rule 1 read with Section 151 CPC, the appellant/defendant seeks setting aside of order dated 14.09.2022 passed by the learned ADJ-02 (North-West) Rohini Courts, Delhi in CS DJ No. 63/2021, whereby the application filed by respondents/plaintiffs under Order 39 Rule 10 read with Section 151 CPC was allowed and the appellant directed to pay arrears of rent from May 2020 onwards @ Rs.27,500/- per month till date (at the admitted rent i.e. @ Rs.27,500/- per month) within 30 days and further to continue to make payment of rent @ Rs.27,500/- p.m. on or before the 15th of the succeeding month during the pendency of the Suit.

2. Briefly put, facts of the case are that the aforementioned Suit was filed by the respondents (respondent No.1 being partner of respondent No.1-firm) for possession, recovery of rent/mesne profits/damages. In the Suit,

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