K K Jain v. Ashwani Kumar Sharma

$~10.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.442/2015 & CM No.11943/2015 (for stay). K K JAIN ..... Appellant Through:

Mr. Rajesh Manchanda with Mr.

Rajat Manchanda, Advs.

versus ASHWANI KUMAR SHARMA ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 19.04.2016 1.

The appeal impugns a judgment and decree dated 26th February, 2015 of the Court of the Additional District Judge (ADJ)-05, Central, Tis Hazari Courts, Delhi of dismissal of Suit No.479/11/07 bearing Unique ID No.02401C0341172007 for recovery of possession of immovable property, mesne profits and permanent injunction.

2.

Notice of the appeal was issued and the parties referred to the Mediation Cell of this Court.

3.

Mediation is reported to have been successful through the efforts of Mr. Mohit Gupta, Advocate/Mediator and a Settlement Agreement dated 30th March, 2016 signed by the parties and their Advocates and by two other parties and by the Mediator has been received. 4.

None appears for the respondent.

5.

The counsel for the appellant supports the settlement and states that in terms thereof the appeal is to be withdrawn by the appellant and withdraws the appeal.

RFA No.442/2015

6.

The appeal is dismissed as withdrawn leaving the parties to bear their own costs.

7.

The counsel for the appellant seeks refund of the Court Fees paid on the appeal.

8.

Allowed.

9.

Necessary certificate be issued to the appellant. RAJIV SAHAI ENDLAW, J APRIL 19, 2016 „pp‟..

RFA No.442/2015