Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS)No.4/2018
th
% Date of decision : 9 January, 2018
R K DUA & ANR ..... Appellants
Through : Ms. Sonali Chopra, Adv. with
appellants in person.
versus
MEERA DEWAN & ORS ..... Respondents
Through : Mr. Akshay Makhija, Adv. for
R-1.
Mr. Arjun Singh Bawa and Ms.
Vishakha Gupta, Advs. along
with R-2 & 3 in person.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. This appeal has been filed by the appellants assailing the order
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dated 22 November, 2017 whereby the ld. Single Judge dismissed
I.A.No.13740/2017 filed under Order VII Rule 11 of the Code of Civil
Procedure by the appellants who were defendant nos.4 and 5 in the
suit.
2. After some hearing, Ms. Sonali Chopra, ld. counsel for the
appellants contends that she would not press the appeal so far as the
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challenge on merit is concerned. However, she submits that the
appellants are retired pensioners and they may be granted some
reduction in the quantum of costs which have been imposed by the ld.
Single Judge.
3. Appearing for the plaintiff/respondent no.1, Mr. Akshay
Makhija, ld. counsel for the respondent no.1 submits that he would not
oppose the prayer for reduction of costs imposed on the appellants.
4. The examination of the file also shows that the suit has been
filed by Ms. Meera Dewan, who is a sister of Mr. Raman Dewan and
Mrs. Ritu Dewan (defendant nos.1 and 2 in the suit). Mr. Anish
Malhotra (defendant no.3 in the suit) purchased the first floor of the
property bearing No.B-7/2, Vasant Vihar, New Delhi-110057 from the
mother of these siblings. Mr. Anish Malhotra appears to have sold the
property to Mr. R.K. Dua and his wife Mrs. Om Dua (defendant nos.4
and 5 in the suit respectively).
5. Ld. counsels for the parties submit that the parties would not be
averse to explore the possibility of amicable resolution of their
disputes by recourse to mediation. We are also of the view that given
the relationship of parties and nature of their disputes, they are capable
of resolving their disputes by recourse to mediation.
6. The parties shall appear before the Delhi High Court Mediation
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and Conciliation Centre on 17 January, 2018 at 4:00 pm. The Delhi
High Court Mediation and Conciliation Centre shall assign the case to
a senior mediator.
7. In view of the above, the appeal is dismissed. However, it is
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directed that the costs imposed by the impugned order dated 22
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November, 2017 shall stand reduced to Rs.10,000/- which shall be
paid to the plaintiff/respondent no.1 within a period of four weeks
from today.
8. It is directed that the mediation agreement, if any, shall be
placed on the record of CS(OS)No.360/2016 and orders passed
thereon.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
JANUARY 09, 2018
aj
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