(1.) This appeal is directed against a learned single judge's order dated 18.07.2017 in a pending suit (CS(OS) 2443/1993) disposing an application (under Order XXIII Rule 3 read with Section 151 CPC being IA No.5089/2017 in short, 'the subject application'), which was a joint application on behalf of the plaintiff-appellant and the Respondent nos. 6 to 10 (arrayed as defendant nos. 3 to 7 in the suit) seeking a decree with respect to 1/3rd undivided share of the defendant nos. 6 to 10 (hereafter "the applicant-defendants") in the property being 42 & 44, Sunder Nagar, New Delhi measuring approx. 1732.17 sq. yds. ("the subject property" hereafter), was disposed of. The appellants are aggrieved by the absence in the impugned order of a direction to draw a decree.
(2.) The facts relevant for the disposal of the appeal are that a suit for declaration, injunction and specific performance was filed by the appellant company in respect of the subject property, which has been pending trial before the learned Single Judge. The suit was premised on the fact that the subject property was initially owned in three equal undivided shares by (i) Ms. Pushpa Devi - respondent no.1 (defendant no.1 in the suit); (ii) Late Ms. Bimla Devi (erstwhile defendant no.2 now represented by defendant nos. 2A to 2D); and, (iii) legal heirs of Late Shanti Devi (defendant nos. 3 to 7) and that, all the said referred owners/lessors had entered into two Agreements to Sell dated 15.11.1991 and 16.11.1992 with the appellant and received proportionately, Rs. 22 Lakh each. The subject application averred that in order to buy peace and put to an end to an protracted litigation, (over 20 years), the appellant and the applicant- defendants, had arrived at an amicable settlement and in furtherance of the agreement to Sell, the applicant-defendants sold, transferred and conveyed ownership of their 1/3rd undivided share in the subject property in favour of the appellant company by executing a series of documents - Agreement to Sell (full stamp duty paid and registered), a General Power of Attorney (registered), Special Powers of Attorney (registered), Wills (registered), and affidavit etc. all dated 30.05.2011. The application stated that the applicant defendants were paid an additional sum of Rs. 10 crore by the appellant. The application sought for passing of a consent decree with respect to 1/3rd undivided share of the defendant-applicant (nos. 6 to 10) on agreed terms. The subject application was disposed of by the impugned order keeping open the question of passing of the decree on the basis of the settlement to be decided at the appropriate stage with further clarification that there was no final adjudication of the rights of the parties by the impugned order. Aggrieved thereof, the appellant company has preferred the appeal in hand.
(3.) The joint application filed by the appellant company and the respondent nos. 6 to 10 (defendant nos. 3 to 7 in the suit) i.e. the subject application, which is disposed of vide the impugned order, claimed the following relief: