HARISH SETHI vs PRADEEP CHAND GIRI SINCE DECEASED THROUGH KRISHAN CHANDER SINGH

Judgment text excerpt

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 28th January, 2026 + CM(M) 2344/2025 HARISH SETHI .....Petitioner Through: Mr. Rajat Aneja and Ms. Chandrika Gupta, Advocates. versus PRADEEP CHAND GIRI SINCE DECEASED THROUGH KRISHAN CHANDER SINGH .....Respondent Through: Mr. Manish Sharma, Sr. Advocate with Mr. Arvind Kr. Gupta, Mr. C. Parkash, Ms. Anushree and Mr. Ankit Verma, Advocates. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) 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 Signature Not Verified Signed By:NAMITA CM(M) 2344/2025 Page 1 of 3 DHYANI Signing Date:28.01.2026 16:46:04 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 peti