Kashvi Buildwell Pvt Ltd v. Ashok Kumar

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3300/2011 & I.A.20996/2011 Decided on : 21.01.2015

IN THE MATTER OF:

KASHVI BUILDWELL PVT LTD ..... Plaintiff Through : Mr. Vinayak Mehrotra, Advocate versus ASHOK KUMAR ..... Defendant Through : Mr. Shubham Tripathi, Advocate

CORAM

HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1.

The present suit was instituted by the plaintiff on 21.12.2011, under Section 6 of the Specific Reliefs Act, 1963 praying inter alia that the possession of the suit property, i.e., B-5/182 (Basement), Safdarjung Enclave, New Delhi, be restored to it. 2.

Counsel for the plaintiff submits that later on, on 4.12.2012, the plaintiff company had instituted a separate suit for possession, declaration, permanent injunction, damages, mesne profits, etc., against the defendant and three other parties, registered as CS(OS)No. 3401/2012, which is pending adjudication in this court. He submits that CS(OS) 3300/2011

in view of the fact that the plaintiff has filed a substantive suit in respect of the same property against the defendant herein and other parties who have been added as co-defendants in CS(OS)No.3401/2012, he does not wish to press the present suit and seeks leave to pursue the suit filed later in time, i.e., CS(OS)No.3401/2012.

3.

Counsel for the defendant is agreeable to the aforesaid suggestion. 4.

Accordingly, the present suit is disposed of, along with the pending application, with liberty granted to both the parties to pursue/contest CS(OS)No.3401/2012.

(HIMA KOHLI) JANUARY 21, 2015 JUDGE sk/mk CS(OS) 3300/2011