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High Court of DelhiCS(OS)/303/2007

Ing Vysya Life Insurance Company Limited v. Gurvinder S. Saini & Others

2015-05-15Hon'Ble Ms. Justice Hima Kohli2 pages

2, 3 & 4 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 283/2007 and I.A. 16385/2014 ING VYSYA LIFE INSURANCE COMPANY LTD.

..... Plaintiff Through Mr.R.Jawaharlal, Mr.Siddharth Bawa and Mr.Shyamal Anand, Advocate versus DALMEET SAINI & ORS.

..... Defendants Through: None + CS(OS) 303/2007 and I.A. 16498/2014 ING VYSYA LIFE INSURANCE COMPANY LTD.

..... Plaintiff Through Mr.R.Jawaharlal, Mr.Siddharth Bawa and Mr.Shyamal Anand, Advocate versus GURVINDER S. SAINI & ORS.

..... Defendants Through: None + CS(OS) 284/2007 and I.A. 16404/2014 ING VYSYA LIFE INSURANCE COMPANY LTD.

..... Plaintiff Through Mr.R.Jawaharlal, Mr.Siddharth Bawa and Mr.Shyamal Anand, Advocate versus GOPAL DAS ESTATES AND HOUSING PVT. LTD. & ORS. ..... Defendants Through: Ms.Simran K.Paul, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 15.05.2015 CS(OS) Nos.283, 303 & 284/2007 Page 1 of 2

1.

The plaintiff has instituted the present suits praying inter alia for a decree of specific performance against the defendants calling upon them to execute and register a lease deed in respect of the suit premises for a period of three years, commencing on 19.1.2007. Further, the plaintiff has prayed for a decree of permanent and mandatory injunction directing the defendants No.2 and 3 to continue providing maintenance facilities in respect of the suit premises. 2.

The Court is informed that during the pendency of the present suits, the plaintiff had vacated the suit premises on 28.9.2012. In view of the fact that the plaintiff has elected to vacate the suit premises and has already handed over the possession thereof to the defendants, nothing further survives for adjudication in the present suits as they have been rendered infructuous.

3.

The suits are accordingly disposed of, along with the pending applications.

The date already fixed, i.e., 18.8.2015 stands cancelled. HIMA KOHLI, J MAY 15, 2015 mk/rkb CS(OS) Nos.283, 303 & 284/2007 Page 2 of 2