RAJENDER KUMAR SETHI Vs. SUSHIL KUMAR SETHI

JUDGEMENT

(1.) IA 6448/2011(u/O.6 R.17 CPC filed by defendant No.1)

(2.) It appears from the record that the defendant was at one point of time seeking to pay Rs. 5 crores to the plaintiff to buy his share in an industrial property in Maya Puri, which was owned by the partnership firm. Vide order dated 09.09.2010, this Court, inter-alia, directed as under:-

(3.) Vide order dated 26.05.2011, this Court, noticing that the plaintiff had deposited a sum of Rs.5 crores on 04.12.2010 and also observing that the orders dated 24.05.2008, 16.11.2009, 15.02.2010, 14.05.2010, 02.07.2010 and 09.09.2010 had become final having not been challenged and infact having been passed with the consent of the parties held that the defendants were not justified in raising objections to the aforesaid orders. This order had come to be passed and the objections taken by the LRs of the defendant to the effect that the suit was not maintainable for various reasons stated in the pending applications. The Registry was directed to release the amount of Rs.5 crores deposited by the plaintiff, along with interest which is accrued on that amount, to the defendants. It was further directed that the plaintiff who was in joint possession of the property, would be treated to be in sole possession thereof to the exclusion of the defendants, subject to final outcome of the suit. The order dated 26.05.2011 was challenged before the Division Bench of this Court by way of FAO (OS) No.399/2011, which came to be dismissed on 12.12.2011 with costs of Rs.10,000/-.