Ruma Datta vs Amber Datta And Others
2015 Latest Caselaw 1688 Del

$~17.
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       CS(OS) 3240/2011
        RUMA DATTA                                   ..... Plaintiff
                         Through: Mr. Abhijat, Advocate with
                         Mr. Pratyush Sharma, Advocate
                         versus

        AMBER DATTA AND OTHERS                    ..... Defendants
                      Through: Mr. Rahul Narayan, Advocate for D-1
                      to D-3.
        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 26.02.2015

1. On the last date of hearing, defendants No.1 and 3 were directed

to file their affidavits on the lines as had been filed by the defendant

No.2. The said affidavits have been filed under index dated

12.02.2015 with copies furnished to the counsel for the plaintiff.

2. As for the belongings/household goods of the defendant No.1

stated to be lying in the suit premises under the occupation of the

plaintiff, on the last date of hearing, at the request of the counsel for

the defendants, a Local Commissioner was appointed to permit her to

retrieve the said belongings/households goods in her presence.

3. Counsel for the defendants states that the fee of the Local

Commissioner has been paid and she has executed the commission.

The report of the Local Commissioner is not on record. However, the

Court has been informed by the counsels for the parties that the Local

Commissioner had informed them that she has filed the report this

morning.

4. Counsel for the plaintiff states that the Local Commissioner had

visited the suit premises on 14.02.2015 and the defendants had

removed their belongings/household goods lying in eight cartons in

her presence. He submits that on an earlier occasion, when the Local

Commissioner had visited the suit premises and inventorized the

belongings/households goods of the defendants, they were stacked in

11 cartons and 3 cartons have not been located on this visit.

5. Both the parties are agreeable that if the plaintiff is able to

locate the remaining 3 cartons, she shall inform the defendants so that

the same can be collected by them on a convenient date and time.

6. Nothing further survives for adjudication in the present suit in

view of the affidavits filed and exchanged by the parties. All the

parties shall remain bound by the undertakings given by them and

recorded in their respective affidavits.

7. The suit is disposed of alongwith the pending applications while

leaving the parties to bear their own costs.

HIMA KOHLI, J FEBRUARY 26, 2015 rkb