Sh Surender Mohan v. Sh Chand Babu & ANR
$~R-62 and 63 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RSA172/2013 SURENDER MOHAN Appellant Through: Mr. Achal Gupta, Advocate.
versus GRAND BABU AND ANR.
Respondents ^ Through; Mr. Arun Kumar Gupta, Advocate for R-1.
Mr. Gagan Gupta and Ms. Sonia Menon, Advocates for R-2.
+ RSA 183/2013 ^ GRAND BABU Appellant Through: Mr. Arun Kumar Gupta, Advocate.
versus AJAY VINAYAK AND ANR.
Respondents Through: Mr. Gagan Gupta and Ms. Sonia Menon, Advocates for R-1.
Mr. Achal Gupta, Advocate for R-2.
GORAM:
HON'BLE MR. JUSTICE VALMIKIJ. MEHTA
ORDER
o/o 03.11.2016 1.
Today, these matters were listed in the category of 'Directions' :j for further arguments after the judgment was reserved yesterday i.e. P^Se I of 3 By:AMULYA
on 2.11.2016.
2.
Today, counsels for the parties state that the appeals be disposed of by a compromise and consent order whereby it would be held that the appellant/plaintiff'Sh. Chand Babu would be the owner of the suit property which is the northern side portion of property bearing no.l6-B/ll, Dev Nagar, New Delhi and portion of his property being the ground floor portion in occupation of defendant no. 1/respondent no. 1/Sh. Ajay Vinayak and his father Sh. Purshottam Vinayak would be vacated by these persons and actual physical vacant possession handed over to appellant/plaintiff/Sh. Chand Babu on or before 31.1.2017. It is also agreed that in case the appellant/plaintiff receives vacant physical possession of the suit property on or before 31.1.2017 then in such a case the appellant/plaintiff waives his claim for damages as awarded by the trial court.
3.
Accordingly, these appeals are disposed of by a consent and compromise order whereby appellant/plaintifPSh. Chand Babu is declared to be the owner of the entire property being the northern side
portion of property bearing no.l6-B/ll, Dev Nagar, New Delhi, and the portion of this property being the ground floor portion which is in occupation of respondent no. 1/defendant no. 1 and his family members will be vacated and actual physical vacant possession of this portion will be handed over to the appellant/plaintiff/Sh. Chand Babu on or before 31.1.2017.
All the charges towards electricity and water payable with respect to the suit premises will be cleared before handing over vacant physical possession of the suit premises to the appellant/plaintiff Sh. Chand Babu.
4.
Let respondent no. 1/defendant no. 1/Sh. Ajay Vinayak and his father, namely, Sh. Purshottam Vinayak file their respective affidavits of undertakings in this Court in terms of the present order within a period of one week from today and on these persons filing their affidavits of undertakings in terms of the present order, the appeals would stand disposed of in terms of the present compromise and consent order.
VALMIKI J. MEHTA, J NOVEMBER 03, 2016 c