Parvinder Singh Juneja v. Makhan Singh

Delhi High Court · 21 Dec 2015 · 2015:DHC:10393
Hima Kohli
CS(OS) 67/2012
2015:DHC:10393
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the civil suit as withdrawn following a settlement between the plaintiff and defendant and the plaintiff's request to discontinue the suit.

Full Text
Translation output
CS(OS) 67/2012
HIGH COURT OF DELHI
CS(OS) 67/2012 & IA No.496/2012
PARVINDER SINGH JUNEJA ..... Plaintiff
Through : Mr. Dattatray Vyas, Proxy Counsel with plaintiff in person
VERSUS
MAKHAN SINGH ..... Defendant
Through : Mr.Jagjit Singh Dahiya, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 21.12.2015
JUDGMENT

1. The present suit has been instituted by the plaintiff against his uncle(father’s brother) in respect of the suit premises situated in Village Uldhanpur, Shahdara, Delhi.

2. When the case was taken up on the first call, the plaintiff had appeared in person with learned proxy counsel and had sought leave to withdraw the present suit on the ground that he had arrived at a settlement with the defendant. At that time, proxy counsel appearing for counsel for the plaintiff had stated that he was unable to identify the plaintiff. On the second call, the plaintiff produces his driving licence with a copy thereof duly endorsed by him as true copy, which is taken on record.

3. Proxy counsel appearing for the counsel for the plaintiff states 2015:DHC:10393 CS(OS) 67/2012 that the arguing counsel had to suddenly leave for out of town due to which he is unavailable today.

4. In view of the fact that the plaintiff states that he has arrived at a settlement with the defendant and does not wish to pursue the suit any further and a similar statement was made by the counsel for the plaintiff when he had appeared before the Joint Registrar on 19.11.2015, the present suit is dismissed as withdrawn, along with pending application. HIMA KOHLI, J DECEMBER 21, 2015 mk