Shri Ashwani Chhabra & Another v. Shri Rakesh Chhabra

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 139/2018 ASHWANI CHHABRA & ANR ..... Plaintiffs Through:

Counsel for the plaintiffs (appearance not given)

Versus

RAKESH CHHABRA ..... Defendant Through:

Defendant in person.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 31.10.2018 IA No.13947/2018 (of plaintiffs u/O XXIII R-1 CPC) 1.

The counsel for the applicants/plaintiffs state (i) that the applicants/plaintiffs had instituted this suit for ejectment of brother of appellant / plaintiff no.1 from the property and for mesne profits; and, (ii) that the defendant has vacated the property and the applicants/plaintiffs do not want to press for mesne profits.

2.

The defendant appears in person and the counsel for the applicants/plaintiffs identifies the defendant. 3.

The defendant, though admits that possession has been delivered but states that the same is not with consent and he wants to retain one of the floors.

4.

The counsel for the applicants/plaintiffs hands over a photocopy of the Surrender Deed dated 24th July, 2018 signed by the parties. CS(OS) 139/2018

5.

I have enquired from the defendant in vernacular, whether the said document bears his signature.

6.

The defendant replies in the affirmative.

7.

The Surrender Deed records that in pursuance to the settlement arrived at between the parties, the defendant had surrendered the possession. 8.

I may also record that vide order dated 16th July, 2018, when the defendant was represented by an Advocate, the parties were referred to the Mediation Cell of this Court. Mediation report to the effect that the disputes could not be settled has been received.

9.

However, since the plaintiff is withdrawing the suit, it is deemed appropriate to clarify that the same will not preclude the defendant from remedies, if any.

10.

The application is allowed and disposed of with above clarification. CS(OS) 139/2018 & IA No.4497/2018 (u/O XXXIX R-1&2 CPC) 11.

The suit is dismissed as withdrawn, leaving the parties to bear their own costs.

RAJIV SAHAI ENDLAW, J.

OCTOBER 31, 2018 'bs'..

CS(OS) 139/2018