ALOK GUPTA Vs. NIKITA GUPTA

JUDGEMENT

(1.) The appellants have filed the present intra court appeal impugning an order dtd. 17/11/2022 (hereafter the impugned order) passed by the learned Single Judge of this Court in an application being IA No. 18298/2022 in CS(OS) 553/2016 captioned Nikita Gupta v. Shri Alok Gupta and Others. The respondent had filed the said application, inter alia, praying that (i) an order be passed for disposal of the suit [CS(OS) 553/2016] in terms of the order dtd. 3/6/2022 passed by this Court in FAO(OS) 208/2019; and (ii) further directions be issued for continuing Counterclaim no.19 of 2017 in CS(OS) 553/2016 in terms of the aforesaid order dtd. 3/6/2022 passed in FAO(OS) 208/2019.

(2.) The appellants (who are arrayed as the defendants in the aforementioned suit and had filed the aforementioned application) contend that in terms of the order dtd. 3/6/2022 passed in FAO(OS) 208/2019 (also referred to as the compromise decree), all disputes in the suit were settled and the proceedings survived only in respect of the counter claims. The compromise decree provided that in the eventuality the appellants handed over the possession of the suit property to the respondent, the appellants could pursue their counter claims. They contend that the possession of the suit property was handed over and all disputes save and except the counter claims filed by the appellants, stood concluded.

(3.) The learned Single Judge did not accept the said contention and interpreted the compromise decree as confined to the question of possession of the suit property and not dispositive of other claims.