Baldev Singh vs Gurdev Singh & Ors.
2015 Latest Caselaw 6882 Del

$~30

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1419/2014 & IAs No.9305/2014

       BALDEV SINGH                                  ..... Plaintiff
                        Through: Mr. Neeraj Sharma, Advocate

                        versus

       GURDEV SINGH & ORS.                            ..... Defendants
                     Through: None

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 11.09.2015

IA No.19150/2015(u/O XXIII R 3 CPC)

1. Though in the title of the present application, the provision of

Order XXIII Rule 3 CPC has been invoked, as a matter of fact, the

plaintiff seeks leave to withdraw the suit under Order XXIII Rule 1

CPC.

2. Counsel for the plaintiff states that during the pendency of the

present proceedings, the parties have been able to negotiate a

settlement before the Mediation Centre, Dwarka Courts. A copy of the

Settlement Agreement dated 10.6.2015 has been enclosed with the

present application. Counsel for the plaintiff states that nothing

further survives for adjudication in the suit in terms of the settlement

recorded in the Settlement Agreement and therefore, he seeks leave

to withdraw the same.

3. Advance copies of the present application were served on the

defendants directly through speed post. The records reveal that

defendants No.1, 6 & 7 have entered appearance through counsel in

the suit. The remaining defendants have yet to be served in the suit.

Only the defendant No.1 has filed a written statement. In other

words, the suit is still at the stage of completion of pleadings.

4. In view of the settlement stated to have been arrived at

between the parties, the present suit is dismissed as withdrawn. The

application is disposed of.

5. File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 11, 2015 mk/rkb