Munish Kalra v. Kiran Madan & ORS

$~23.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.214/2017, IA No.5983/2017 (under Order XXXIX Rules 1&2 CPC), IA No.5984/2017 (for exemption) and IA No.5985/2017 (under Section 149 CPC).

MUNISH KALRA ..... Plaintiff Through:

Mr. Kirti Uppal, Sr. Adv. with Ms.

Aastha Dhawan and Ms. Gauri P.

Desai, Adv.

versus KIRAN MADAN & ORS ..... Defendants Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 16.05.2017 1.

The plaintiff has sued (a) for rendition of accounts of the estate of his father; (b) for declaration of his rights with respect to a portion of the property in possession of the defendants no.1 to 3; and, (c) for recovery of possession of the said portion.

2.

The plaintiff, prior to the institution of this suit, first filed CS(OS) No.2940/2014 with respect to the estate, claiming the reliefs of permanent injunction and mandatory injunction. Thereafter CS(OS) No.3105/2014 has been filed by the defendants no.1&2 with respect to the same estate. Both suits stand consolidated and the senior counsel for the plaintiff on enquiry states that trial is underway therein but under orders of the Division Bench, mediation is being attempted.

3.

I have enquired from the senior counsel for the plaintiff, whether not this suit is by way of multiplicity inasmuch as the relief of rendition of accounts can be granted in the suit for partition already pending. CS(OS) No.214/2017

4.

As far as the relief with respect to declaration and recovery of possession of the portion of the property in possession of the defendants no.1 to 3 is concerned, it appears that clarification qua the same i.e. that in the event of the defendants no.1&2 failing in establishing the title claimed by them to the property, will not claim any rights in the property and / or vacate the same, can be sought in the pending litigation or the plaintiff can claim the relief of possession and rendition of accounts by way of counterclaim in the suit for partition.

5.

The senior counsel for the plaintiff under instructions seeks to withdraw the suit and all the applications with liberty to seek appropriate reliefs in the pending litigation and if encounters any difficulty therein to sue again on the same cause of action for which this suit has been filed. 6.

Dismissed as withdrawn with liberty aforesaid. RAJIV SAHAI ENDLAW, J MAY 16, 2017 'pp'..

CS(OS) No.214/2017