Delhi High Court - Orders
Angad Singh Rekhi & Ors vs Satbir Singh Kochar on 30 October, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 274/2020
ANGAD SINGH REKHI & ORS. ..... Plaintiff
Through: Mr.Kapil Midha with Mr.Aditya
Parashar, Advs.
versus
SATBIR SINGH KOCHAR ..... Defendant
Through: Ms.Shriya Chanda, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 30.10.2023 I.A. 4714/2021 -Dir. & I.A. 521/2022 -O-39, R-2A.
1. Learned counsel for the defendant submits that in view of the orders passed by this Court, I.A.4714/2021 has now become infructuous. Furthermore, I.A.521/2022 has also been rendered infructuous on account of the death of the original defendant i.e. late Sh.Satbir Singh.
2. The applications are, accordingly, dismissed as having been rendered infructuous.
I.A. 8451/2020 - O-39, R-1&2.
3. This is an application under Order XXXIX Rule 1 & 2 CPC filed by the plaintiffs. Interim directions in the application were passed on 23.09.2020, which directions have been extended from time to time.
4. Despite opportunity, no reply to the application has been filed till date.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2023 at 21:42:32
5. In these circumstances, the application is disposed of by making the interim order dated 23.09.2020 absolute and directing that the parties will remain bound by the terms of the said order till the disposal of the suit.
6. The application stands disposed of.
CS(OS) 274/2020
7. Since the original defendant failed to file the written statement within the prescribed time, the right of the defendant, who is now represented through his legal heir, is closed.
8. It is, however, made clear that this will not preclude the legal heir of the defendant to defend the suit on the basis of the pleadings on record. Consequently, the defendant will, therefore, be entitled to cross-examine all the witnesses as may be examined by the plaintiff.
9. Based on the claims made in the plaint, following issues are framed with the consent of the parties:-
"1. Whether the Plaintiff is entitled to a decree Specific Performance directing the Defendant to comply with the terms of the oral agreement/settlement dated 29th December, 2019 as mentioned in the unsigned MOU dated 31st December, 2019? OPP
2. In the alternative, in case the Defendant denies the said oral settlement/agreement, whether the Plaintiff is entitled to a decree of permanent injunction in favour of the Plaintiffs and against the Defendant restraining them from preventing the Plaintiffs from parking and removing their cars in the stilt/parking area at any time from, and for encroaching upon the rights of the Plaintiffs qua peaceful use and enjoyment of the Stilt/parking floor and common area and facilities? OPP This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2023 at 21:42:32
3. Whether the Defendant is guilty of the water seepage and water leakage originating from their floor which caused damage to the property of the Plaintiffs? OPP
4. Whether the Plaintiff is entitled to decree of damages of Rs.20 lakhs? OPP
5. Costs and other reliefs."
10.The plaintiffs are granted six weeks time to file affidavits of evidence of his witnesses.
11.List before the learned Joint Registrar(Judicial) on 19.12.2023.
REKHA PALLI, J OCTOBER 30, 2023 sr This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2023 at 21:42:32