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HIGH COURT OF DELHI
CS(OS) 3240/2011
RUMA DATTA ..... Plaintiff
Through: Mr. Abhijat, Advocate with Mr. Pratyush Sharma, Advocate
Through: Mr. Rahul Narayan, Advocate for D-1 to D-3.
JUDGMENT
1. On the last date of hearing, defendants No.1 and 3 were directed to file their affidavits on the lines as had been filed by the defendant No.2. The said affidavits have been filed under index dated 12.02.2015 with copies furnished to the counsel for the plaintiff.
2. As for the belongings/household goods of the defendant No.1 stated to be lying in the suit premises under the occupation of the plaintiff, on the last date of hearing, at the request of the counsel for the defendants, a Local Commissioner was appointed to permit her to retrieve the said belongings/households goods in her presence.
3. Counsel for the defendants states that the fee of the Local Commissioner has been paid and she has executed the commission. The report of the Local Commissioner is not on record. However, the 2015:DHC:1837 CS(OS) 3240/2011 Court has been informed by the counsels for the parties that the Local Commissioner had informed them that she has filed the report this morning.
4. Counsel for the plaintiff states that the Local Commissioner had visited the suit premises on 14.02.2015 and the defendants had removed their belongings/household goods lying in eight cartons in her presence. He submits that on an earlier occasion, when the Local Commissioner had visited the suit premises and inventorized the belongings/households goods of the defendants, they were stacked in 11 cartons and 3 cartons have not been located on this visit.
5. Both the parties are agreeable that if the plaintiff is able to locate the remaining 3 cartons, she shall inform the defendants so that the same can be collected by them on a convenient date and time.
6. Nothing further survives for adjudication in the present suit in view of the affidavits filed and exchanged by the parties. All the parties shall remain bound by the undertakings given by them and recorded in their respective affidavits.
7. The suit is disposed of alongwith the pending applications while leaving the parties to bear their own costs. HIMA KOHLI, J FEBRUARY 26, 2015 rkb