Ashok Kumar & ANR v. Paramjeet Kaur & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 785/2010 ASHOK KUMAR & ANR.

..... Appellants Through:

Mr. Vishnu Mehra, Advocate with appellants in person

Versus

PARAMJEET KAUR & ANR.

..... Respondents Through:

Mr. Manish Kohli & Mr. Pranav Joshi, Advocates with respondent No.1 in person

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 03.02.2017 C.M.No. 2922/2017 (u/S 151 CPC) By way of this application, applicants-appellants seek permission of this Court to withdraw the accompanying appeal in view of subject matter of this appeal being settled between the parties. In view of averments made in this application, date of 21st March, 2017 fixed in the appeal is cancelled and the appeal is taken up for hearing today itself.

Notice.

Mr. Manish Kohli, Advocate, accepts notice on behalf of respondents.

Learned counsel for the parties submit that parties are present in RFA 785/2010

the Court and the settlement, as mentioned in the instant application, has been acted upon and keys of the subject premises has been handed over to respondent- Smt. Paramjeet Kaur, who has accepted it. She undertakes to forego mesne profits and submits that she will appear before the trial court on the date fixed i.e. on 10th March, 2017 to facilitate release of rent/user charges (which is lying deposited with the trial court) to appellants.

Learned counsel for the parties on instructions submit that this is full and final settlement of subject matter of this appeal. While taking the aforesaid undertaking on record furnished by respondent- Smt. Paramjeet Kaur, this application is disposed of. RFA 785/2010 & C.M.No. 22089/16 (for stay) & C.M.No.12211/2015 (u/O 41 R 5 CPC) In view of orders passed in C.M. 2922/2017, the date of 21st March, 2017 fixed in the appeal is cancelled. This appeal and applications are disposed of in terms of orders passed in C.M.No. 2922/2017.

SUNIL GAUR, J FEBRUARY 03, 2017 r RFA 785/2010