AFTAB MALIK Vs. SHYAM LAL

JUDGEMENT

(1.) This is a petition filed challenging the order dated 25th April, 2013 by which the ld. ADJ has appointed a patwari to specify the Khasra No. in which the suit property falls. The said order reads as under:

(2.) Mr. Neeraj Malhotra, ld. Senior counsel appearing for the Petitioner submits that there is a long history of proceedings in respect of the suit property. Initially, a suit was filed by Mr. Shyam Lal against Mr. Aftab Malik in respect of property admeasuring 1000 sq. yards situated at Shaheen Bagh, Tayyab Gali, Okhla, New Delhi-110025. In the said suit, the suit property was stated to be located in Khasra No. 401. The said suit was, however, withdrawn by Mr. Shyam Lal by filing an application under Order XXIII Rule 1 CPC wherein the following averments are made:

(3.) The application was accompanied by a mutual settlement deed dated 12th January, 2006. The said application under Order XXIII Rule 1 CPC was taken on record and the suit was dismissed as withdrawn as compromised.