Ronald Nagar v. S.D.M. (R.A), Mehrauli

1. The appellants are aggrieved by an order ofthe learned Single Judge disposing oftheir writ petitions.

2. The appellants had approached the Court under Article 226 complaining that despite a comprehensive family settlement/memorandum 2013:DHC:8524-DB — '3. of understanding arrived at by all the parties concerned i.e. Mr. Ronald Nagar and Mr. John Nagar (the appellants herein) on the one hand and Dr. Hans U. Nagar on the other. In respect of all the properties, the latter has sought his right to possession oftwo items ofproperty.

3. It is submitted that in terms of the memorandum of understanding dated 15.9.2011, Farm No.2 and Farm No.8 are to be the exclusive properties of Mr. Ronald Nagar and Mr. John Nagar respectively. Learned counsel relied upon the relevant portions of the memorandum of understanding which were subsequently directed to be embodied in a decree and stated that execution proceedings are pending, inter se, the parties for effectuation ofthe settlement/MoU.

4. It is submitted that in these circumstances, the learned Single Judge should not have dismissed the writ proceedings questioning the initiation of an application and further proceedings thereon under Section 85 ofthe Delhi Land Reforms Act, 1954, at the behest of Dr. Hans U. Nagar in respect of those properties. The learned Single Judge had by the impugned order observed that the objections and contentions of the petitioners/applicants should be considered by the concerned SDM.

5. This Court has considered the submissions as well as the provisions of MoU and the subsequent application under Order 23 Rule 3 CPC as well as the decree directed to be withdrawn. In the circumstances ofthis case, the Court is of the opinion that before proceeding further, the learned SDM should hear the parties and pronounce orders on the maintainability of the Section 85 proceedings having regard to the contentions of the present appellants. The orders in that regard shall be made after hearing the parties at the earliest convenience ofthe concerned SDM and inany event within a period 8 weeks fromtoday.

6. Parties are directed to be present before the learned Single Judge on 09.01.2014. The SDM shall file an affidavit of compliance with the directions of this Court which shall be considered by the learned Single Judge before closing the matter.

7. The appeals are disposed of in the above terms. Order dasti to the parties. Order shall also be communicated without process fee by this Court to the concerned SDM, Mehrauli.

S.RAVINDRA BHAT, J 7 NArnVtl WAZIRI, J NOVEMBER 06,2013 ak