* IN THE HIGH COURT OF DELHI AT NEW DELHI
% DATE OF DECISION:
+ 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 in fructuous in as much 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)
st
