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% 08.07.2011
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Present; Mr. Gaurav Sachdeva,Adv.for the Plaintiff.
Mr. Sanjay Rakan,Adv. for the Defendant.
+ I.A. No. 10568/2011(under Order 23 R 1 65 3r/w Section 151 CPC)
6b CS(OS)No. 224/2011
* .
By this application plaintiff and defendant have prayed that the suit may be disposed of, in terms of the compromise/settlement.
During the course of arguments, counsel for the plaintiff, on instructions, submits that this application be treated under order 23
Rule 1 CPC and plaintiff be permitted to withdraw the suit in view ofthe settlement arrived at between the parties.
Plaintiff has filed this suit for specific performance of Agreement to
Sell dated 1®^ March, 2006 in respect of Flat No. C-4/51, 5^ Floor, Category Type C, Himalayan Co-operative Group Housing Society Ltd., Plot No. 10, Sector-22, Dwarka, New Delhi. In terms of the settlement, plaintiff has given up his claim of specific performance on receiving a sum of Rs.lO lakhs from the defendant. This amount of Rs.lO lakhs has already been paid by the defendant to plaintiff through a Pay Order photocopy whereof, has been placed on record. Today, plaintiff has admitted receipt of Rs. 10 lakhs.
Plaintiff, who is present in Court,seeks leave to withdraw this suit.
Accordingly, suit is disposed of as withdrawn.
A sum of Rs. 25 lakhs were deposited by the plaintiff with the
2011:DHC:19573
H
Present; Mr. Gaurav Sachdeva,Adv.for the Plaintiff.
Mr. Sanjay Rakan,Adv. for the Defendant.
+ I.A. No. 10568/2011(under Order 23 R 1 65 3r/w Section 151 CPC)
6b CS(OS)No. 224/2011
* .
By this application plaintiff and defendant have prayed that the suit may be disposed of, in terms of the compromise/settlement.
During the course of arguments, counsel for the plaintiff, on instructions, submits that this application be treated under order 23
Rule 1 CPC and plaintiff be permitted to withdraw the suit in view ofthe settlement arrived at between the parties.
Plaintiff has filed this suit for specific performance of Agreement to
Sell dated 1®^ March, 2006 in respect of Flat No. C-4/51, 5^ Floor, Category Type C, Himalayan Co-operative Group Housing Society Ltd., Plot No. 10, Sector-22, Dwarka, New Delhi. In terms of the settlement, plaintiff has given up his claim of specific performance on receiving a sum of Rs.lO lakhs from the defendant. This amount of Rs.lO lakhs has already been paid by the defendant to plaintiff through a Pay Order photocopy whereof, has been placed on record. Today, plaintiff has admitted receipt of Rs. 10 lakhs.
Plaintiff, who is present in Court,seeks leave to withdraw this suit.
Accordingly, suit is disposed of as withdrawn.
A sum of Rs. 25 lakhs were deposited by the plaintiff with the
2011:DHC:19573
for the defendant has no objection in case this amount is returned to the plaintiff together with interest, if any, accrued thereon. Let the amount lying deposited in the Court be released to the plaintiff together with interest,ifany,accrued thereon forthwith.
50% of the Court fee be refunded to the plaintiff, in accordance with law since the matter has been settled by the parties amicably at the initial stage itself.
L /
Application is allowed and suit is disposed ofas withdrawn.
LA. No. 1490/2011(under Order 39 R 1 8b 2 r/w Section 151 CPC)
Disposed of as infructuous.
A.K.PATHAK,J.
July 08,2011 ga
2011:DHC:19573
50% of the Court fee be refunded to the plaintiff, in accordance with law since the matter has been settled by the parties amicably at the initial stage itself.
L /
Application is allowed and suit is disposed ofas withdrawn.
LA. No. 1490/2011(under Order 39 R 1 8b 2 r/w Section 151 CPC)
Disposed of as infructuous.
A.K.PATHAK,J.
July 08,2011 ga
2011:DHC:19573
JUDGMENT