Komman Peopele Welfare Society (Regd) vs Sukhbir Singh & Anr.

MANMOHAN, ACJ : (ORAL)

Allowed, subject to all just exceptions.

Accordingly, the present applications stand disposed of.

The present appeals have been filed by the Plaintiff against the orders passed in the Civil Suit bearing CS (OS) No. 45/2022.

The learned counsel for the Appellant in FAO(OS) 8/2024 states that there is an error apparent on the face of record in the order dated 13^th December, 2023, since the replication along with affidavit of admission/denial of documents stood filed on 23^rd October, 2023 and 26^th October, 2023, respectively.

Learned counsel for the Respondent/defendant in FAO(OS) 8/2024 has entered appearance. He states that he has no objection to the appeal i.e., FAO (OS) 8/2024, being allowed. He states that however, the FAO (OS) 7/2024 is not maintainable as the costs of Rs. 30,000/-, imposed by the learned Single Judge vide order dated 6^th March, 2023, stands paid. In reply, learned counsel for the Appellant in FAO(OS) 7/2024 fairly admits that he has received the costs of Rs. 30,000/-.

After some arguments, learned counsel for the Respondent in FAO(OS) 8/2024 fairly concedes that FAO (OS) 8/2024 can be allowed in view of the error apparent. In reply, learned counsel for the Appellant in FAO(OS) 7/2024 states that he as well has instructions to withdraw FAO (OS) 7/2024 in view of the Appellant’s replication being allowed. He further states that he will refund the cost of Rs. 30,000/- received from the Respondent in view of the delay in filing the replication. The said statement is taken on record and the Appellant is directed to remit the said amount in two (2) weeks.

Accordingly, FAO (OS) 8/2024 is allowed and order dated 13^th December, 2023, is set aside. It is directed that the replication and the affidavit filed by the Appellant shall be taken on record. Pending applications stand disposed of.

Further, FAO (OS) 7/2024 is dismissed as withdrawn. Even otherwise, it is settled law that the said appeal could not have been maintained by the Appellant after having accepted the costs of Rs. 30,000/-(Re. Hemant Verma vs. Nazibulla Khan & Anr.^{11.2017 SCC OnLine Del 11184}). It is directed that the affidavit of admission/denial of documents filed by the Respondents shall be taken on record. Pending applications stand disposed of.