Rahul Hargun vs Vasdev Hargun & Ors

Citation : 2015 Latest Caselaw 2588 Del
Judgement Date : 26 March, 2015

Delhi High Court
Rahul Hargun vs Vasdev Hargun & Ors on 26 March, 2015
Author: Hima Kohli
*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CS(OS) 2143/2011 & IAs No.14011, 14012, 18656,
             18657/2011, 3411/2013 & 18580/2014


                                                  Decided on 26.03.2015

IN THE MATTER OF :
RAHUL HARGUN                                        ..... Plaintiff
                         Through: Mr.Raj Kumar, Advocate with plaintiff
                         in person

                         versus

VASDEV HARGUN & ORS.                         ..... Defendants
                  Through: Mr.S.N.Choudhri and Ms.S.Chaudhri
                  Advocates
                  Defendants No.1 & 2 in person


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. Mr.S.N.Choudhri, learned counsel for the defendants No.1 & 2 states that he may be discharged from the present case inasmuch as he was not consulted by the defendants and was not involved by them in the mediation proceedings held by the parties. Ordered accordingly. Learned counsel is discharged from the present case.

2. Pursuant to the order dated 3.12.2014, passed in FAO(OS) No.515/2013, an appeal preferred by the plaintiff against the order dated 29.7.2013, at the request of the parties, they were referred to mediation to try and negotiate a settlement. Now a Settlement CS(OS) 2143/2011 Page 1 of 3 Agreement dated 26.2.2015 has been placed on record.

3. Counsel for the plaintiffs and the defendants No.1 & 2 state that they have arrived at a settlement, as recorded in para 8 of the Settlement Agreement whereunder, the entitlement of each of the parties to various portions of five immovable properties has been detailed. Counsel for the plaintiff and the defendants No.1 & 2 further state that the parties shall abide by the manner in which the five properties have been agreed to be divided amongst them, as recorded in the Settlement Agreement.

4. The Court has perused the Settlement Agreement dated 26.2.2015. The same has been signed by plaintiff and the defendants No.1 & 2 and has been witnessed by Mr.P. S. Bali, a family friend. The learned mediator has also signed the Settlement Agreement.

5. As the counsel for the plaintiff and the defendants No.1 & 2 state that the parties have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the same. The Settlement Agreement is taken on record. The parties shall remain bound by the terms and conditions of the settlement arrived at between them.

CS(OS) 2143/2011 Page 2 of 3

6. The suit is decreed in terms of the settlement, while leaving the parties to bear their own expenses.

7. The suit and the pending applications are disposed of.

File be consigned to the record room.




                                                   (HIMA KOHLI)
MARCH 26, 2015                                        JUDGE
mk




CS(OS) 2143/2011                                        Page 3 of 3