Full Text
RSA172/2013
SURENDER MOHAN Appellant
Through: Mr.Achal Gupta,Advocate.
R-1.
Mr. Gagan Gupta and Ms. Sonia Menon,Advocates for R-2.
^ GRANDBABU Appellant
Through: Mr.Arun Kumar Gupta,Advocate.
Through: Mr. Gagan Gupta and Ms. Sonia Menon,Advocates for R-1.
Mr.Achal Gupta,Advocate for R-2.
GORAM:
HON'BLE MR.JUSTICE VALMIKIJ.MEHTA
ORDER o/o 03.11.2016
JUDGMENT
1. Today,these matters were listed in the category of'Directions' forfurther argumentsafterthejudgment wasreserved yesterday i.e. RSA 172/2013&RSA 183/2013 P^SeIof[3]:j 2016:DHC:9189 on 2.11.2016.
2. Today, counsels for the parties state that the appeals be disposed ofby a compromise and consent order whereby it would be held that the appellant/plaintiff'Sh. Chand Babu would be the owner of the suit property which is the northern side portion of property bearing no.l6-B/ll, Dev Nagar, New Delhi and portion of his property being the ground floor portion in occupation of defendant no. 1/respondent no. 1/Sh. Ajay Vinayak and his father Sh. Purshottam Vinayak would be vacated by these persons and actual physical vacant possession handed over to appellant/plaintiff/Sh. Chand Babu on or before 31.1.2017. It is also agreed that in case the appellant/plaintiff receives vacant physical possession of the suit property on or before 31.1.2017 then in such a case the appellant/plaintiff waives his claim for damages as awarded by the trial court.
3. Accordingly, these appeals are disposed of by a consent and compromise order whereby appellant/plaintifPSh. Chand Babu is declared to be the owner ofthe entire property being the northern side RSA 172/2013& RSA 183/2013 page2of[3] c portion of property bearing no.l6-B/ll,Dev Nagar,New Delhi,and the portion ofthis property being the ground floor portion which is in occupation of respondent no. 1/defendant no. 1 and his family members will be vacated and actual physical vacant possession ofthis portion will be handed over to the appellant/plaintiff/Sh. Chand Babu on or before 31.1.2017. All the charges towards electricity and water payable with respectto the suit premises will be cleared before handing over vacant physical possession ofthe suit premises to the appellant/plaintiffSh.Chand Babu.
4. Let respondent no. 1/defendant no. 1/Sh. Ajay Vinayak and his father, namely, Sh. Purshottam Vinayak file their respective affidavits of undertakings in this Court in terms ofthe present order within a period ofone week from today and on these persons filing their affidavits of undertakings in terms of the present order, the appeals would stand disposed ofin terms ofthe present compromise and consent order.
NOVEMBER 03,2016 RSA 172/2013& RSA 183/2013 VALMIKI J.MEHTA,J page3of[3]