* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) No.2152/2008
% Date of Decision: 03.03.2009
Praveen Kumar .... Plaintiff
Through Mr.Girish Aggarwal and Ms.Mugdha Pandey,
Advocates along with plaintiff.
Versus
Mrs.Kanta Kumari and others .... Defendants
Through Mr.J.K. Chopra and Ms.Neeru Khurana,
Advocates along with respondents
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may be YES
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
ANIL KUMAR, J. (Oral)
* IA Nos.2991/2009 This is an application by the parties under Order XXIII Rule 3 of Code of Civil Procedure for decreeing the suit in terms of the compromise arrived at between the parties. The deed of compromise/family settlement signed by the parties is also annexed with the application.
The application is signed by the parties and their respective counsel and is also supported by the affidavits of Mr.Praveen Kumar, plaintiff; Smt.Kanta Kumar, defendant No.1; Shri Sunil Kumar, defendant No.2 and Smt.Rekha Khanna, defendant No.3. CS(OS) No.2152/2008 Page 1 of 3
Learned counsel for the defendants states that an amount of Rs.75,000/- has been paid to the plaintiff by a bankers cheque bearing No.280514 dated 26.02.2009 in favour of Praveen Kumar drawn on State Bank of India, Vijay Nagar, Delhi-110009. Plaintiff who is present with counsel accepts that the an amount of Rs.75,000/- has been received by him.
Learned counsel for the plaintiff on instructions from the plaintiff also states that since the matter has been settled and the sum of Rs.75,000/- has been paid in settlement of all the claims of the plaintiff, consequently, daily payment of Rs.250/- to the plaintiff be discontinued and the plaintiff shall not claim the same from the defendants.
There does not seem to be any impediment in allowing the application.
Consequently, the application is allowed. CS(OS) No.2152/2008 The parties have settled their disputes and a compromise deed/family settlement dated 16.02.2009 has been executed which is signed by the parties. All the parties are present and they admit that the settlement has been arrived at and the application for compromise is also signed by them and contents thereof are correct.
Learned counsel for the plaintiff also states that since the matter has been settled and the sum of Rs.75,000/- has been paid in settlement of all the claims of the plaintiff, consequently, daily payment CS(OS) No.2152/2008 Page 2 of 3 of Rs.250/- to the plaintiff be discontinued and the plaintiff shall not claim the same from the defendants.
Consequently, the suit of the plaintiff is decreed in terms of the settlement arrived at between the parties. Decree sheet be drawn where IA No.2991/2009 and deed of compromise/family settlement dated 16.02.2009 shall form part of the decree. Parties are left to bear their own costs. All the pending applications are also disposed of. The next date of hearing, 14th July, 2009 is cancelled in the facts and circumstances.
MARCH 03, 2009 ANIL KUMAR, J.
"Dev"
CS(OS) No.2152/2008 Page 3 of 3