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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 414/2018 & CM APPL. 34809/2018

NARESH KUMAR AGGARWAL & ANR .....Petitioners

Through: Ms. Amol Kaur, Adv.

versus

JAIN KAPILA .....Respondent

Through: Mr. Kaashish Arora, Adv. (through

VC).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 13.01.2026

1. This hearing has been done through hybrid mode.

2. The present petition under Section 25-B (8) of the Delhi Rent Control

Act seeks the following prayers:-

“a) call the records of eviction petition no. 478108/2016 titled as 'Shri Naresh Kumar Aggarwal & Another vs Jain Kapila', decided by the Court of Shri Gajender Singh Nagar, ACJ/ARC, District-Central, Tis Hazari Courts, Delhi, decided on

07.07.2018;

b) set aside the order and judgment dated 07.07.2018 for leave to defend application of the respondent and pass an eviction

order;

c) costs of the present revision petition may also be passed in

favour of the petitioners and against the respondent.”

3. Vide order dated 24.12.2025, the learned Predecessor Bench has passed

the following order:-

“1. Learned counsel for the parties, upon instructions from the respective landlord and tenant, submit that the tenant shall vacate

the subject premises and hand over the vacant, physical and peaceful possession thereof to the landlord on or before 31.01.2026 after paying/ clearing all the charges levied towards electricity and water charges, as also the RWA dues, including all other statutory dues qua the subject premises, as also hand over all the requisite documents reflecting the payment(s) of each of the above to the landlord on or before the said date i.e. 31.01.2026 without the landlord claiming any other rental dues or alike.

2. Learned counsel for the tenant seeks, and is granted, a period of two weeks for filing an affidavit of undertaking to the aforesaid effect.

3. Renotify on 13.01.2026.”

4. In pursuance thereof, the affidavit of undertaking dated 09.01.2026 has been placed on record which records as under:-

“1. That I am the partner in the Respondent firm in the instant case and I am well conversant with the facts and circumstances of the case and hence, competent to swear this affidavit.

2. That I am in the possession of the property bearing address- house no. 3000, second Floor, Chuna Mandi, Gali No.2, Pahar Ganj, New Delhi- 11005 (herein after referred to as "the Property"). In terms of this Hon’ble Court’s order dated December 24^th, 2025, I will vacate the Property on or before January 31^st 2026.

3. That I have read and understood the contents of this affidavit and the same are true and correct to my knowledge and belief.

4. That the facts stated in this affidavit are true and correct to my knowledge, and nothing material has been concealed therefrom.”

5. In view of the above, learned counsel for the petitioner does not wish to press the present petition. The petition is disposed of as not pressed.

6. The respondent shall abide by the aforesaid undertaking given.

7. Pending application, if any, also stands disposed of.

AMIT SHARMA, J JANUARY 13, 2026/nk/ah