Full Text
FAO(OS) 207-208/2011 & CMNo.3371/2012 KKSHARMA ..... Appellant
Through: Dr. (Mr.) Harish Uppal, Adv.
Through: ..... Respondents Mr. K.L. Bajaj, Adv. for R-1, 3 to 6 with
R-1 in person.
Mr. Bhupesh Kumar Varma, Adv. for R-2 with R-2 in person.
HON'BLE MR. JUSTICE RAJIV SHAKDHER Ofo
07.05.2012 The application for vacation of stay is listed and at request of learned counsels for the parties both the appeal and the application are taken up for disposal.
On hearing learned counsels for the parties as well as respondents 1 &
2 who are present in Court, the following agreed directions are passed:
ORDER
1. The appellant withdraws the present appeal and, thus, does not dispute the impugned order dated 14.3.2011 permitting the written statement of defendant No.1 from being brought on record. n. Respondent No.1 states that in view of disputes with his brother, respondent No.2, he is unable to give possession of the first floor to the appellant. We may notice that under the Will of the late father of the parties, the first floor falls to the share of the appellant, the front portion ofthe ground floor and the room on the second floor falls to the share of respondent No.1 and the rear FAO(OS) 207-208/2011 Page I of[2] ! 2012:DHC:9524-DB portion of the ground floor falls to the share of respondent No.2. However, respondent No.2 is in occupation ofthe complete ground floor including the portion which, as per Will, has devolved on respondent No.1. Respondent No.1 is in possession of the entire first floor and one room on the second floor. Respondent No.1, thus, states that the moment he gets the possession of the front portion of the ground floor for which legal proceedings were filed and succeeded but appeal is pending he would hand over the first floor to the appellant.
111. As an interim measure, since the appellant is not in possession of any portion though as per Will he is entitled to the whole of the first floor, the one room on the second floor with the terrace will be handed over for the enjoyment of the appellant till such time as respondent No.1 is in a position to hand over possession ofthe first floor to the appellant. On the first floor being handed over to the appellant simultaneously the one room on the second floor and terrace would be handed back to respondent No.1. It is made clear that the appellant will not make any construction on the second floor.
IV. The parties will pay for the utilities including electricity & water for the respective portions which they are enjoying. The appeal and the application accordingly stand disposed of. MAY 07,2012 b'nesh FAO(OS) 207-208/2011 o•~~- SANJAY:&ISfiAN KAUL, J. V. Vv)LtJV RAJIV ~AKDHER,J. Page 2 of[2] f ! "'-;!