Pankaj Jain & ANR v. Shanti Devi & ANR

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 993/2017 [ PANKAJ JAIN & ANR ..... Appellants Through:

Ms. Nandani Sahai, Adv. with appellants in person.

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Versus

SHANTI DEVI & ANR ..... Respondents Through:

Mr. Prashant Bhardwaj, Adv. proxy counsel for Mr. Arvind Kumar Gupta with R-1 & R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 16.10.2018 CM No.43473/2018 (of appellants and respondents u/O XXIII R-3 CPC) 1.

Though the counsel for the respondents has not appeared but the counsel for the appellants states that both the appellants namely Pankaj Jain and Neha Jain as well as both the respondents i.e. Shanti Devi and Mr. S.K. Goel identified by her are present in person and assures that the settlement as recorded in this application has been reached between the parties. 2.

The respondent No.2 Mr. S.K. Goel is also informed to be an Advocate and is the husband of respondent No.1 Shanti Devi. 3.

The respondent No.2 Mr. S.K. Goel states that though his Advocate is Mr. R.K. Jain, Advocate but Mr. Arvind Kumar Gupta, Advocate was expected to appear but is not here.

4.

There is no reason to disbelieve the counsel for the appellant as well as the respondent No.2.

5.

As per the compromise arrived at, the appellants have agreed to be RFA 993/2017

bound by the decree impugned in this appeal and to withdraw this appeal. 6.

The counsel for the appellants also states that in compliance of the decree, the appellants have handed over possession to the respondents and the respondent No.2 Mr. S.K. Goel, Advocate states that the respondents have received possession.

7.

The application is allowed and disposed of.

RFA 993/2017 8.

The counsel for the appellants and the respondent No.2 Mr. S.K. Goel, Advocate state that they are not left with any claims against each other.

9.

The appeal is dismissed as withdrawn.

10.

The date of 22nd October, 2018 is cancelled.

11.

At this stage, Mr. Prashant Bhardwaj, proxy counsel for Mr. Arvind Kumar Gupta, Advocate has also appeared.

12.

The Trial Court record be sent back.

RAJIV SAHAI ENDLAW, J.

OCTOBER 16, 2018 Bs..

RFA 993/2017