Shri Nirmal Oberoi & Ors vs Shri Rajiv Oberoi & Ors
2012 Latest Caselaw 51 Del

*    IN THE HIGH COURT OF DELHI AT NEW DELHI


%                       DATE OF DECISION: JANUARY 03, 2012

+    RFA(OS) 52/2008

     SHRI NIRMAL OBEROI & ORS.               ..... Appellants
                   Through : Ms.Shyel Trehan with Mr.Nikhil
                             Pillai, Advocates.
              versus

     SHRI RAJIV OBEROI & ORS.             ..... Respondents
                    Through : Mr.Gaurav Puri with
                              Ms.Sugandha, Advocates for
                              Respondents No.4 to 8.


     CORAM:
     HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
     HON'BLE MS. JUSTICE PRATIBHA RANI

PRADEEP NANDRAJOG, J. (ORAL)

%

1. Learned counsel for the appellants states that under RFA(OS) No.7-10/2005, challenge was made to the preliminary decree dated 04.02.2005, as per which share of the litigating parties was determined. Counsel states that parties entered into a settlement and recording the same in writing, vide CM No.5738/2011 prayer was made to the Division Bench that RFA (OS) No.7-10/2005 may be disposed of in terms of the settlement entered into between the parties and that vide order dated 21.03.2011, RFA(OS) 7-10/2005 was disposed of by decreeing the suit in terms of the written compromise which

was exhibited as Ex.'C'. Learned counsel states that though indicated in the application seeking compromise that instant appeal also should be disposed of in terms of the compromise settlement, for unexplainable reasons, concurrent order could not be passed in the instant appeal.

2. Counsel prays that instant appeal may be disposed of recording as aforesaid.

3. Having perused CM No.5738/2011 and the order dated 21.03.2011 disposed of RFA(OS) 7-10/2005, we dispose of the instant appeal holding that the issue raised in the instant appeal has since been rendered infructuous inasmuch as the parties have settled the substratum of the dispute. It is declared that the final decree dated 25.02.2008 challenged in the instant appeal shall no longer be valid and operative against the parties.

4. No costs.

PRADEEP NANDRAJOG (JUDGE)

PRATIBHA RANI (JUDGE)

JANUARY 03, 2012 st