Sada Nand Ahuja & Others v. Sudhir Ahuja

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1004/2010 & IA No.11670/2010 (u/O XXXIX R-1&2 CPC) SADA NAND AHUJA & OTHERS ..... Plaintiffs Through:

None.

Versus

SUDHIR AHUJA ..... Defendant Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 30.11.2017 1.

In this suit for recovery of possession of immovable property and for mesne profits, vide order dated 12th March, 2013, an application of the plaintiffs under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) was dismissed and vide subsequent order dated 29th August, 2013, issues framed in the suit and the suit posted for trial before the Court Commissioner. 2.

The plaintiffs preferred FAO(OS) No.240/2013 and in which a compromise was arrived at between the parties as recorded in the order dated 17th April, 2014 of the Division Bench and in terms of which compromise, this suit does not survive.

3.

However none has appeared on behalf of the parties for burial of the suit. 4.

On 7th November, 2017, when the suit was listed, Court notice was ordered to be issued to the plaintiffs, also through counsel. 5.

The plaintiffs no.1 to 3 are reported to be served on 20th November, 2017, though the counsel for the plaintiffs remains unserved. 6.

None appears.

7.

Recording the aforesaid, the suit is disposed of. RAJIV SAHAI ENDLAW, J NOVEMBER 30, 2017/'gsr'..