Rajeev Chhabra v. Surender Khurana & Ors.

Delhi High Court · 23 Jan 2023 · 2023:DHC:546
Tushar Rao Gedela
CM(M) 370/2017
CM(M) 370/2017
civil petition_allowed

AI Summary

The Delhi High Court directed release of original sale deeds to the petitioner in accordance with a valid Memorandum of Settlement resolving the property dispute.

Full Text
Translation output
Neutral Citation Number 2023/DHC/000546
CM(M) 370/2017 1
HIGH COURT OF DELHI
JUDGMENT
delivered on: 23.01.2023
CM(M) 370/2017
RAJEEV CHHABRA ..... Petitioner
versus
SURENDER KHURANA & ORS ..... Respondents Advocates who appeared in this case:
For the Petitioner : Mr. Rajat Aneja, Ms. Anushka and Ms. Shambhavi Pandey, Advs.
For the Respondent : Mr. Joginder Sukhija, Adv. for R-1
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 3275/2023 (Direction for release of sale deeds)

1. This is a joint application filed by the parties seeking release of two original sale deeds dated 10.11.2014 which were deposited with this Court vide the order dated 21.11.2019, on the basis of the settlement arrived at under the Memorandum of Settlement dated 05.01.2023.

2. Mr. Aneja and Mr. Joginder Sukhija point out to the page 16 of the instant application which is the Memorandum of Settlement dated 05.01.2023 executed between the parties. They submit that in terms of para 6 of the said Memorandum of Settlement, the present application has been instituted seeking the release of two sale deeds dated Neutral Citation Number 2023/DHC/000546 CM(M) 370/2017 2 10.11.2014 pertaining to ground floor and first floor of property bearing No.261, built on land ad-measuring 370 square yards, Block A-1, Paschim Vihar, New Delhi-110063 to be handed over to the first party, namely, the petitioner herein.

3. Mr. Joginder Sukhija re-affirms and confirms the contents of para 6 of the instant application and has no objection if the two sale deeds as mentioned above are released and handed over to the petitioner herein.

4. Mr. Sukhija submits that this arrangement has been arrived at subject to the payment of agreed consideration value to the respondents in terms of the compromise whereafter the sale deeds will be handed over to the petitioner herein in terms of the compromise.

5. In view of above, Deputy Registrar (Appellate) is directed to release the original sale deeds mentioned above to the petitioner, Mr. Rajeev Chhabra, after the requisite formalities are undertaken.

6. The petitioner-Mr. Rajeev Chhabra is directed to appear before Deputy Registrar (Appellate) on 06.02.2023 at 04:00 pm.

7. In view of above, the application is disposed of binding both the parties to the terms and conditions of Memorandum of Settlement dated 05.01.2023.

8. In view of above, the petition also stands disposed of.

9. The next date fixed in the matter stands cancelled.

TUSHAR RAO GEDELA, J. JANUARY 23, 2023