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KABOOLSINGH(SINCEDECEASED)THRLRS Appellant
Through: Ms.Ekta Sikri,Adv.
Through: Mr.Pranav Jain,Adv. AND RFA No.58/2016&CMNo.3954/2016(u/O41 R-27CPC).
THE SOCIETY FOR THEPROTECTION AND MANAGEMENT OF THEKHANDELWL
JAINTEMPLE ANDDHARAMSHALA ..... Appellant
Through: Ms.Ekta Sikri,Advs. AND RFA No.871/2015&CM No.31535/2015(for stay).
KABOOL SINGH(SINCEDECEASED)THRLRs ^ORS Appellants
ANDDHARAMSHALA Respondent AND Page1of7 2016:DHC:9348
I ^ No.236/2016,CM No.14831/2016(for condonation of29 days delay m filing the appeal)&CM No.14832/2016(for condonation of
60days delayin re-filing).
KABOOLSINGH(SINCEDECEASED)THRLRS Appellants
27.04.2016
ORDER
1. This orderisin continuation ofyesterday's order.
2. Mr. Rakesh Kumar and Mr. Manish Kumar, Legal Representatives (LRs)of Mr. Kabool Singh and Mr.Prabodh Jain and Mr. Vinod Kumar Jain,Secretary and Treasurerrespectively ofKhandelwalJain Society(KJS) are present and parlays for settlement have been held.
3. Mr.Rakesh Kumar and Mr.Manish Kumar state:
(i) that they are authorised to give statements and enter into compromise also on behalf of other LRs of Mr. Kabool Singh and would be in a position to,withintwo weeks oftoday,file affidavits of the otherLRsalso inthis Court;
(ii) thatthe LR No.7 Mr.Rahul ofMr.Kabool Singh has also now attained majority;
(iii) that besides the LRs shown in these proceedings,there are no other LRs of Mr. Kabool Singh and the said LRs only are in possession and controlofthe entire property subject matter ofthese Page2of[7] K proceedings and will hereinafter not allow any other person into use and occupationofthe said property orany partthereof;
(iv) thatthey understand the consequences ofgiving undertaking to this Court.
4. Similarly,Mr.Prabodh Jain and Mr.VinodKumarJain statethatthey are authorisedto enterintothe compromise on behalfofKJS.
5. It has been agreed betweenthe parties as under: (A) that the LRs ofIVlr. Kabool Singh do hereby withdraw RPA Nos.866/2015,871/2015&236/2016intermsofthis compromise and will abide bythejudgmentand decree; (B) thatthe LRs ofMr.Kabool Singh had already deposited in this Court the entire decretal mesne profits till the month of December, 2015 and the amountfor the months ofJanuary,February,March and April,2016 has been paid directlyto KJS;
(C) thatKJS shallbe entitledtoimmediately withdrawthe amounts/
(D) that the LRs of Mr. Kabool Singh will hand over vacant, peaceful and physical possession ofthe entire property in their use and occupation,save 300 sq. yards,on or before 30^''June,2016 and will give an undertaking to this Courtto the said effect; (E) that the LRs of Mr. Kabool Singh shall pay electricity and water charges of the portion in their occupation till the date of vacation and shall ensure that no partthereofbecomes the liability of KJS; Page3of[7] )2^ (F) that the LRs of Mr. Kabool Singh shall hand over vacant, peaceful and physical possession ofthe remaining 300 sq. yards to KJS on or before30^April,2018; (G) thatthe LRs ofMr.Kabool Singh shall continue to pay a sum ofRs.10,000/- per month to KJS, month by month, in advance for each month bythe IS**"dayofthe month and upon defaultin payment for any month, shall forfeit their right to use 300 sq. yards till 31®' March,2018; (H) that the portion of300 sq. yards which the LRs ofMr.Kabool Singh will occupy till 30'^ April, 2018 will be in one comer ofthe property presentlyin their occupation and to be mutually identified by the parties and the parties to file a site plan with measurements indicatingthe said portionin this Courtwithintwo weeks;
(I) that the LRs of Mr. Kabool Singh at their own costs and expenses shall erect a fence not more than 6 ft. segregating 300 sq. yards from the remaining property and shall also shift the electricity and water(filtered and/or unfiltered)and sewer connection to the said 300sq.yards and KJS shallrender all assistance in thisregard; (J) that the LRs of Mr. Kabool Singh shall not make any constmction overthe said 300sq.yards and shall use the same only as a nursery and not for any other residential or commercial purpose. They shall however be entitled to have a tin shed with wood inside and a green shed without any Pucca construction thereon and a gate opening towards the side ofthe road. (K) that the LRs ofMr.Kabool Singh shall fumish undertaking to this Courtin terms ofabove; Page4of[7]
(L) that subject to the LRs ofMr. Kabool Singh complying with their undertaking KJS shall not execute the decree for possession till 30'^June,2016and30'^April,2018asaforesaid;
(M) that if the LRs of Mr. Kabool Singh are in breach of the undertakings,KJS shall be entitled to execute the decree and the LRs ofMr.KaboolSingh shall also beliableforcontemptofCourt; (N) that subject to the LRs ofMr.Kabool Singh paying to KJS on or before 30*^ June, 2016, a total sum of Rs.1,50,000/-, KJS shall withdraw Execution Case No.58/2015 pending in the Court of Mr. Tarun Sahrawat, Additional District Judge-04, Tis Hazari Courts, Delhi; (O) that subject to the LRs of Mr. Kabool Singh complying with their undertakings,KJS shall not press RFA No.58/2016. However, in the event ofany breach bythe LRs ofMr.Kabool Singh,KJS shall be entitled to revivethe said appeal; (P) that KJS shall furnish particulars ofits bank accountto the LRs of Mr. Kabool Singh who will make payment of Rs.10,000/- per month therein in terms ofthis order.
6. The aforesaid compromise arrived at between the parties is found to be lawful and is allowed.
7. RFAs No.866/2015, 871/2015 & 236/2016 preferred by the LRs of Mr.Kabool Singh are hereby dismissed as withdrawn.
8. The LRs of Mr. Kabool Singh however, subject to complying with their part of the compromise aforesaid and giving an undertaking to this Courtand abiding bythe said undertaking shall be entitled to time,till30 ■\ih. Page 5of 7 w /H June,2016to vacatethepropertywithrespectwheretodecreeforpossession has been passed,save 300 sq. yards and time till SO^*" April,2018to vacate theremaining 300sq.yards.
9. The site plan identifying the said 300 sq. yards be filed in this Court within one week.
10. The LR,Mr.Rakesh Kumar and Mb*. Mahish Kumar have furnished their undertaking inthe Courtand have also furnished undertaking to file in this Court,affidavits by way ofundertaking ofthe other LRs ofMr.Kabool Singh.
11. The undertaking given by the LRs ofMr.Kabool Singh are accepted bythis Courtand they are ordered to be boundthereby.
12. Subjectto the LRs ofMr.Kabool Singh complying with their part of the compromise aforesaid and their undertaking, the decree insofar as for recovery ofpossession is made in-executable till 30^^ June,2016,save for 300 sq. yards and for the said 300 sq. yards inexecutable till 30*^ April,
2018.
13. However, if the LRs of Mr. Kabool Singh are in breach of their compromise and / or the undertaking, the decree shall, be executable immediately and they shall also be liable for consequences of breach of undertaking given to this Court.
14. The liability of the LRs of Mr. Kabool Singh shall be joint and several. 15., In terms of the compromise aforesaid, RFA No.58/2016 is also disposed ofwith liberty to KJS to revive the same again,ifoccasiontherefor arises interms ofcompromise aforesaid. Page6of[7] 16, The appeals are disposed ofinthe aforesaidterms, parties to bear their own costs. Dastiunder signature ofCourt Master. APRIL27,2016 'bs'.. RAJIV SAHAIENDLAW,J. Page 7of[7]