Pannalal Girdharilal Pvt Ltd & ORS v. Hari Krishan Gupta & ORS

$-20 & 21 *

IN THE HIGH

COURT OF DELHI AT NEW DELHI + RFA(OS) 101/2010 & CM APPL. No.39903/2018 HARIKRISHAN GUPTA Appellant Through:

Mr.Arvind Bhatt, Advocate.

versus PANNALAL GIRDHARLAL PVT LTD & ORS Respondents Through:

Mr.Sandeep Mittal, Advocate for respondent nos. 1 to 5.

+ RFA(OS) 13/2011 PANNALAL GIRDHARI LAL PVT LTD & ORS Appellants Through:

Mr.Sandeep Mittal, Advocate for appellant nos. 1 to 5.

versus HARI KRISHAN GUPTA & ORS.

Respondents Through:

Mr.Arvind Bhatt, Advocate for respondent no. 1.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH

ORDER

% 29.11.2018 RFA(OS) 101/2010 & CM APPL. No.39903/2018 Learned counsel for the appellant submits that the present RFA (OS) has become infructuous, in view of the stand taken by the respondent nos.l to 5 in the order dated 12.10.2017 in a connected CO.APP. 28/1981 titled as Balraj Kishan Gupta v. M/s Panna Lai Girdhar Lai P. Ltd. & Ors., more Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

particularly, paras 3 and 4 which we reproduce below: "5.

Mr.Mittal, learned counsel for the respondents No.l, 2 and 7 states on instructions from his clients that he is willing to make such a statement on the condition that none of the other parties in the present proceedings lay a special claim on the tenancy in respect of the property at Sr.No.(ii) ofpara 3 of the order dated 31.08.2017 in their possession.

4.

Mr.Lalit Gupta, learned counsel for the appellants in CO.APP. 29/1981 assures the Court that his clients will not lay any claim as tenants in respect of the premises listed at Sr.No.(ii) of para 3 of the order dated 31.08.2017. On this assurance, learned counsel for the respondent No.l, 2 and 7states on instructions that his clients will not claim any right as a tenant in property at Turkman Gate. "

Accordingly, the present appeal is dismissed as not pressed, in view of the stand taken by the respondents in the order dated 12.10.2017. CM apphcation also stands dismissed, as not pressed. RFA(OS) 13/2011 Mr.Sandeep Mittal, learned counsel for the appellant nos.l to 5 submits that he has instructions not to press the present cross appeal, in view of the fact that RFA (OS) No.101/2010 has been dismissed as not pressed, in view of the stand taken by the appellant nos.1 to 5. G.S.SISTANI, J JYOTI SINGH, J NOVEMBER 29, 2018 ssc RFA(OS) Nos.101/2010 & 13/2011