Kashvi Buildwell Pvt Ltd vs Ashok Kumar
2015 Latest Caselaw 610 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(OS) 3300/2011 & I.A.20996/2011

                                                Decided on : 21.01.2015

IN THE MATTER OF:
KASHVI BUILDWELL PVT LTD                       ..... Plaintiff
                   Through : Mr. Vinayak Mehrotra, Advocate


                          versus

ASHOK KUMAR                                          ..... Defendant
                          Through : Mr. Shubham Tripathi, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J.(Oral)


1.

The present suit was instituted by the plaintiff on 21.12.2011,

under Section 6 of the Specific Reliefs Act, 1963 praying inter alia that

the possession of the suit property, i.e., B-5/182 (Basement),

Safdarjung Enclave, New Delhi, be restored to it.

2. Counsel for the plaintiff submits that later on, on 4.12.2012, the

plaintiff company had instituted a separate suit for possession,

declaration, permanent injunction, damages, mesne profits, etc., against

the defendant and three other parties, registered as CS(OS)No.

3401/2012, which is pending adjudication in this court. He submits that

in view of the fact that the plaintiff has filed a substantive suit in respect

of the same property against the defendant herein and other parties who

have been added as co-defendants in CS(OS)No.3401/2012, he does not

wish to press the present suit and seeks leave to pursue the suit filed

later in time, i.e., CS(OS)No.3401/2012.

3. Counsel for the defendant is agreeable to the aforesaid suggestion.

4. Accordingly, the present suit is disposed of, along with the pending

application, with liberty granted to both the parties to pursue/contest

CS(OS)No.3401/2012.

                                                       (HIMA KOHLI)
JANUARY 21, 2015                                          JUDGE
sk/mk