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W.P.(C)/253/2018 of SHALEEN KUMAR GOEL & ANR Vs THE MAINTENANCE TRIBUNAL & ORS

Court
Delhi High Court
Decision date
2018-02-15
Bench
MAIN LONI ROAD, NEARDAULAT DHARAM KANTA, VILLAGE GOKALPUR
Case number
253/2018

Parties

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IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 253/2018 and CM No. 1064/2018 & 2065/2018SHALEEN KUMAR GOEL & ANRSHALEEN KUMAR GOEL & ANR

..... Petitioners

Through Mr Amit Chadha, Mr Atin Chadha,Mr Gaurav Mishra, Mr Diksha Arora, Mr GyanMitra, Advocates.

versus

THE MAINTENANCE TRIBUNAL & ORS..... RespondentsThrough Ms Shruti Munjal, Advocate proxycounsel for Mr Ankur Chhibber, Advocate forRespondent No. 1.Mr Anup Gaur, Advocate for RespondentNo. 2 and Respondent No.3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R R%15.02.2018

1.After some arguments, the learned counsel for the parties have arrivedat settlement, whereby the petitioners have agreed to vacate two rooms onthe first floor of the premises in question (F-13, Main Loni Road, nearDaulat Dharam Kanta, Village Gokalpur, Delhi-110094).

2.The parties have agreed that they shall partition the lobby on the firstfloor of the aforesaid property and part of the same, including the openkitchen which is currently in use, shall henceforth be used exclusively byrespondent nos. 2 & 3. The petitioners shall retain one room and shall makea kitchen on their portion of the lobby. The petitioners shall also haveexclusive use of the toilet on the first floor and the respondent nos. 2 & 3

shall use the toilet on the second floor. rough map, which indicates thearea to be occupied by respondent nos. 2 & 3 as shaded in red colour, hasbeen handed over to this Court and the same is taken on record.

3.In view of the above settlement, the impugned order dated 26.12.2017is set aside. Both the parties shall cooperate with eachother to ensure that theaforesaid arrangement is satisfactorily implemented. The costs for themodification shall be borne by the petitioners. The area to be kept byrespondent nos. 2 & 3 shall be handed over to them after the partition wallhas been constructed within period of two weeks from today.

4.It is clarified that the above arrangement does not in any mannerdetermine the ownership rights of either parties.

5.Order dasti.

FEBRUARY 15, 2018pkv

VIBHU BAKHRU, J