$~35.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2406/2014
CHAMAN LAL ..... Plaintiff
Through: Mr. Arvind Kumar, Advocate with
plaintiff in person.
versus
KHAZANI DEVI & ORS ..... Defendants
Through: Mr. Chandra Bhan, Advocate for D-1,
4-7 and 12-14 with D-1 in person.
Ms. Sneha Upadhay, Advocate for D-2 and 3
with D-2 to D-3 in person.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 14.10.2015 I.A. 21948/2015 (joint application u/O XXIII R 3 CPC)
1. The present joint application has been filed by the parties stating inter alia that during the pendency of the suit, they have arrived at an out of court negotiated settlement.
2. The plaintiff has instituted the present suit for partition of an immovable property bearing No.16/417, I-Block, Bapa Nagar, Karol Bagh, New Delhi, measuring 80 sq. yards, against his siblings, defendants No.1 to 4 and the legal heirs of his pre-deceased brothers, defendants No.5 to 7, defendants No.8 to 10 and defendants No.11 to
14. CS(OS) 2406/2014 Page 1 of 3
3. Counsels for the parties state that as per the out of court settlement arrived at between them, the defendants No.1 to 3 have released their 1/8th undivided share each in the suit property that was owned by Smt. Hanso Devi, mother of the plaintiff and defendants No.1 to 4, who had died intestate in the year August, 1995, leaving behind the parties to the suit as the class I/II heirs, in favour of their brothers and the legal heirs of their deceased brothers. As a result, the plaintiff, defendant No.4, the legal heirs of Shri Om Prakash, defendants No.5 to 7 together, the legal heirs of Shri Ved Prakash, defendants No.8 to 11 together and the legal heirs of Shri Bodh Raj, defendants No.12 to 14 together are entitled to 1/5th share each in the suit property. The affidavits of the defendants No.1 to 3 have been closed with the present application at pages 20 to 25. The affidavits of the remaining parties to the suit have also filed in support of the present application.
4. Counsels for the defendants No.1, 4 to 7 and 12 to 14 and the defendants No.2 and 3 confirm the fact that all the parties have arrived at an out of court settlement of their own free will and volition and without any undue influence or coercion from any quarters and request that the suit be decreed accordingly.
5. As counsels for the parties jointly state that all the parties have CS(OS) 2406/2014 Page 2 of 3 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 said settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the application.
6. The suit is decreed in terms of the settlement arrived at and recorded in the present application, while leaving the parties to bear their own expenses. Decree sheet be drawn accordingly.
7. The suit is disposed of alongwith the pending application.
8. File be consigned to the Record Room.
HIMA KOHLI, J OCTOBER 14, 2015 rkb/ap CS(OS) 2406/2014 Page 3 of 3