Dda v. Hukum Singh & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RSA No. 60/2013 DELHI DEVELOPMENT AUTHORITY Appellant Through:

Mr. Amit Marwah, Advocate.

versus SHRIHARI RAM & ORS.

Respondents Through:

Mr. Ravi Gupta, Sr. Advocate with Mr. Sewa Ram, Advocate.

+ RSA No. 61/2013 DELHI DEVELOPMENT AUTHORITY Appellant Through:

Mr. Amit Marwah, Advocate.

versus SHRI HUKUM SINGH & ORS.

Respondents Through:

Mr. Ravi Gupta, Sr. Advocate with Mr. Sewa Ram, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKIJ. MEHTA

ORDER

% 23.08.2016 1.

Counsel for the parties have been heard at length. 2.

During the course of hearing, it is agreed that these appeals be , page 1 0/3 By:AMULYA

disposed of with a consent order that the appellant/Delhi Development Authority be made as a defendant in the suit and on being so made a defendant Delhi Development Authority will have a right to file its written statement. Both the parties after completion of pleadings will be entitled to lead evidence in support of their respective cases. The suit thereafter will be decided as per the evidence led by the parties on final arguments being addressed by the parties.

3.

Parties to appear before the District and Sessions Judge, Dwarka Courts, New Delhi on 27"" September, 2016 and the District and Sessions Judge will mark the suit for disposal to a competent court in accordance with law.

4.

In case there was any interim order passed in the suit and which would stand confirmed on account of decree of the suit, benefit of that interim order will be available to the plaintiff subject to the right of the appellant/Delhi Development Authority, now to be added as a, defendant, to seek variation of the interim order on filing of an application under Order 39 Rule 4 CPC.

5.

Accordingly, these appeals are disposed of in terms of the aforesaid consent order.

AUGUST 23,2016 VALMIKIJ. MEHTA, J of3