Full Text
,- s-22 &23
* IN THE HIGH COURT OF' DELHI AT NEW DELHI
22+ CS(OS) 3059/20L1,I.A.Nos.3059/2011 & 19302/2012 (u/O 39 R-L
& 2 CPC) & I.A. No.1898412012 (u/O 29 R-L3 CPC)
ARUN KUMAR ARORA ..... Plaintiff
Through: Mr. N.S. Vashisht and Mr. Vishal
Singh, Advocates with plaintiff in person.
Through: Mr. Ravi (iupta, Sr. Adv. with Ms. Reema Kalra and Mr. Rajiv Bajaj, Advocates with D-1 &D-2 in person.
' 23+ CS(OS) 3s2312012 & I.A. No.23046 /2012 (u/O 39 R-l & 2 CPC)
ARUN KUMAR ARORA & ANR ..... Plaintiffs
Through: Mr. N.S. Vashisht and Mr. Vishal
Singh, Advocates with plaintiffs in person.
Through: Mr. Ravi Gupt4 Sr. Adv. with Ms. Reema Kalra and Mr. Rajiv llajaj, Advocates with D-1 &.D-2 in person.
% 28.02.2013
I.A. No.3417l2013 (of nlaintiffs and D-l & 2 u/O 1 R-10 CPC) in CS(OS)
3s23/2012
ORDER
1. For the leasons stated cs(os) 30s9/2011 & cs(os) 3s23/2012 in the application which is filed by all thc Page 1 of[3] 2013:DHC:6709 lC I ( perties and accompanied by their respective affidavits, Sh. Sharad Arora is implcaded as plaintiff No.3 and the amended memo of parties filed along with the application is taken on record.
2. The application is disposed of. I.A. No.3418/2013 (of parties u/O 23 R-3 CPC) in CS(OS) 3523/2012
3. The parties who are related to each other have on the terms and conditions set out in the application settled their disputes not only subject matter of this suit but also relating to other proceedings/complaints inter se the parties.
4. The application is stated to be signed by the parlies and their respective counsels and accompanied by their affidavits.
5. The compromise contained in the application is found to be lawful.
6. 'Ihe application is allowed.
7. The undertakings of the respective parties as contained in the application are accepted and the parties are ordered to be bound by the same and cautioned of the consequences of breach thereof.
8. In terms of the compromise, the keys of the room and the pay order have been exchanged in Court. The counsels inform that all the parties ere present in Court.
9. The suit is decreed in terms of the compromise.
10. Decree sheet be drawn up.
1. I.A. No.34l8l20I[3] to forrn part of the decree sheet. 41412013 bf D-2 u/O 23 R- 30s9t20tl a
12. the defendant No.2 'withdraws the cs(os) s0s9/2011 & cs(os) ss23/2012 application being I.A. t No.18984/20I[2] under Order IX Rule 13 of CPC (wrongly mentioned as IA.No. 19302/2012 n the application) and in view of the compromise in CSIOS; No.3523120I[2] agrees to be bound by the decree dated 10tr'January, 2012 in this suit.
13. The application is allowed.
14. I.A. No.18984/2012 seeking setting aside ex parte judgment and decree dated 10th January,2012 is dismissed as withdrawn.
15. Axiomatically, all ancillary applications are also dismissed as infructuous.
16. the next date of hearing of 22"d March, 2013
17. At the request of the counsels for the palties, all the parties present in Cour[ in confirmation RAJIV SAI{AI I]NDLAW. J FEBRUARY 28,2OI[3] is hereby cancolled. it is further directed that of their presence in this Ar:j^d,A'** ls r & cs(os) 3s23/2012 Page 3 of[3] -'etJJWfr' \- 6 g[4],a z- >A[4] d7a