Full Text
CS(OS)1177/2009 and LA. No.2773/2011,2774/2011, 5540/2011, 12247/2011 and 7112/2012
MR. KRISHAN KUMAR GROVER Plaintiff
Through: Mr.Rohit Kumar,Advocate with plaintiff in person.
Through: Mr. Shoeb Alam, Advocate with defendant in person.
SHRI KRISHAN KUMAR GROVER Plaintiff
Through: Mr. Ajay Kumar,Advocate with plaintiff in person.
Through: Mr. Shoeb Alam, Advocate with defendant in person.
ORDER o/o 21.03.2013 I.A. No. 4809/2013 in CSfOS^ 1177/2009 and I.A.
No.4838/2013 in CSfOS^ 1609/2009 fboth I.A.s bv the defendant u/S 151 CPC for dismissal of the suit)
JUDGMENT
1. The present applications have been filed by the defendant stating inter alia that during the pendency of the present proceedings, CS(OS)1177/2009and 1609/2009 Page 1 of[3] 2013:DHC:6683 the parties have arrived at an out of court amicable settlement, the terms and conditions whereof have been recorded in the Memorandum of Understanding dated 26.02.2013(Annexure-B).
2. Counsels for the plaintiff confirm the aforesaid position and both the parties state that they have agreed that the plaintiff shall give up his half undivided share in the shop bearing No.47A, Khan Market, New Delhi, measuring 535 square feet, in favour of the defendant. It is stated by the counsels for the plaintiff that the plaintiff has already executed a Relinquishment Deed dated 26.02.2013 in respect of his undivided half share in the shop in question in favour of the defendant, copy whereof has been filed alongwith these applications and marked as Annexure-A. It is further stated that after execution of the Relinquishment Deed, the plaintiff has handed over possession of his half undivided share in the suit premises to the defendant, which fact is confirmed by the counsel for the defendant.
3. Counsels for the plaintiff state that in view of the settlement arrived at with the defendant, the plaintiff does not wish to claim any amounts from the defendant as per the dispute raised in the present suits. CS(OS)1177/2009 and 1609/2009 Page 2of[3] -.[1]
4. Counsel for the defendant states that in view of the settlement arrived at between the parties, the present suits may be dismissed as withdrawn.
5. Counsels for the plaintiff have no objection to the aforesaid prayer.
6. Ordered accordingly. The suits are dismissed as withdrawn alongwith the pending applications while leaving the parties to bear their own costs. HIMA KOHLI,[3] MARCH 21,2013 rkb CS(OS)1177/2009and 1609/2009 Page3of[3]