Raj Kumar Khandelwal And Anr vs Inderjit Singh And Ors
2017 Latest Caselaw 1286 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     RFA 103/2017
      RAJ KUMAR KHANDELWAL AND ANR              ..... Appellants
                  Through: Mr. Prasoon Kumar and Ms. Mansi
                  Agarwal, Advocates with appellant No.1 in
                  person.

                          versus

      INDERJIT SINGH AND ORS                               ..... Respondents
                    Through: None

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 08.03.2017

1. The appellants/plaintiffs are aggrieved by the judgment dated 22.10.2016 passed by the trial court, dismissing their suit for permanent and mandatory injunction and for damages to the tune of Rs.6,40,000/- instituted against the respondents/defendants premised on a Property Development Agreement dated 22.12.2011 in respect of a residential premises owned by the respondents situated in Inderpuri.

2. Counsel for the appellants has addressed arguments at some length. The Court has expressed an opinion that he has not been able to point out any illegality, arbitrariness or infirmity in the impugned judgment for interference in appeal.

3. At this stage, counsel for the appellants states on instructions from the appellant No.1 that instead of pressing the appeal on merits, a limited

notice may be issued to the respondents for resolving the inter se dispute between the parties with regard to the collaboration agreement in respect of the suit premises as he states that after the appellants undertook the construction at the suit premises upto the stilt floor, the civic authorities had punctured the same in the year 2012 as there was no prior sanctioned building plan obtained and the building is lying in the same state for the past four years.

4. The appeal is disposed of as not pressed. A limited notice on the aforesaid aspect of the parties arriving at a negotiated settlement in respect of the Property Development Agreement dated 22.12.2011 is issued to the respondents on the appellants filing the process fee within one week, by ordinary process and speed post, returnable on 15.05.2017.

HIMA KOHLI, J MARCH 08, 2017 rkb