Shakti Kumar Khosla v. Suresh Kumar Khosla & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 361/2018, CAV 674/2018 & I.A.9787/2018 SHAKTI KUMAR KHOSLA ..... Plaintiff Through:

Mr. Ankur Mahindro, Adv.

versus SURESH KUMAR KHOSLA & ORS.

..... Defendants Through:

Ms. Shoba Ramamoorthy and Mr.

Pushkin Rajkumar, Advs. with defendant in person.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 10.08.2018 1.

Learned counsel for the plaintiff submits that the defendants have filed a suit for partition bearing CS(OS) 319/2018 in which the plaintiff has filed the counter-claim raising the contentions urged in this suit. It is further submitted that the plaintiff's main concern for filing the suit was with respect to the construction being raised by the defendants on the suit property. It is further submitted that the plaintiff do not press this suit in view of the statement made by the defendants that they do not claim any equity in respect of the construction being carried out. 2.

Learned counsel for the defendants confirms that the defendants would not claim any equity in respect of the construction being carried out by them in the suit property. Defendant No.1 is present in Court and he confirms the statement made by the counsel on behalf of the defendants. 3.

The suit and the pending applications are disposed of with liberty to the plaintiff to urge all his contentions in the counter-claim in CS(OS) 319/2018. However, the defendants shall remain bound by the statement

made before this Court today.

4.

Copy of this order be given dasti to counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

AUGUST 10, 2018 ak