Page 1

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

I.A. NOS. 3 & 4/2016 IN & CIVIL APPEAL NO(S).  3232/2015

RAJEEV KUMAR UPADHYAY APPELLANT(S)                                VERSUS PRAKASH CHAND RAWAT RESPONDENT(S)

J U D G M E N T KURIAN, J.

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

Page 2

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. 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.

Page 3

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; APRIL 24, 2017.