Learned counsel for the parties submit that the
disputes have been settled between them. In I.A.
Nos.3 & 4/2016, this Court on 6.2.2017 passed the
following order:-
“In these two applications, the prayer is
to the following effect:
“(a) allow the respondent/applicant to
file additional documents i.e.
Annexure A-1, Cancellation Deed dated
31.08.2016 and Annexure A-2 Bank Draft
dated 22.08.2016 drawn on Indian
Oversea Bank in favour of the
appellant in order to bring on record
the subsequent events;
(b) and accordingly dismissal of the
appeal as infructuous in view of
subsequent events as pointed out
above; and
(c) pass such other and further
order(s) as this Hon'ble Court may
deem fit in the interest of justice.”
It is submitted by learned counsel for
the appellant that though he has
communicated with the appellants about
the present application as well as the
deed of cancellation of agreement to
sell, he has not yet got any response.
In view of the aforesaid, we think it
appropriate to direct the learned
District Judge, Agra to conduct an
enquiry after issuing notice to the
parties whether the deed of cancellation
of “agreement to sell” as contained in
Annexure A-1 and the receipt of Bank
Drafts by the appellant within eight
weeks hence and send a report thereof to
this Court.
A copy of the order along with the
interlocutory applications be sent to the
learned District Judge, Agra to do the
needful in the matter.
List the matter after ten weeks.”
2.The District Judge, Agra, to whom this Court had directed to verify, has in the Report dated 27.2.2017 submitted that there is a genuine settlement between the parties. JUDGMENT
3.Therefore, I.A. No.3 is allowed.
4.C.A. No.3232/2015 is taken on the Board.
5.The appeal is dismissed as having become infructuous, in view of the settlement between the parties.
6.Pending applications, if any, shall stand disposed of.
7.There shall be no orders as to costs. [KURIAN JOSEPH] [R. BANUMATHI] NEW DELHI; APRIL 24, 2017. JUDGMENT