Delhi High Court
Smt. Shakuntla Gupta vs Mrs. Vimla Gupta on 23 February, 2006
Author: B D Ahmed
Bench: B D Ahmed
JUDGMENT
Badar Durrez Ahmed, J.
1. The first object is to bring on record the legal representatives of the defendant. The object of filing this application is manifold.
2. The first object is to bring on record the legal representatives of the deceased defendant Smt Vimla Gupta who passed away on 19.11.2003. She left behind her husband and two sons, namely, Shri Krishan Prasad Gupta, Shri Deepak Gupta and Shri Rajiv Gupta respectively. The first prayer that is made by the parties here is that these persons be substituted as legal representatives of the defendant and be arrayed as defendants 1a, 1b and 1c. It is accordingly ordered. The amended memo of parties be filed within two days.
3. The next prayer in this application is for recall of the preliminary decree dated 7.4.1978 passed by this court. Since the parties are in agreement with regard to this prayer being allowed and since the parties have stated in the application that they have otherwise arrived at a compromise and / or settlement in respect of the disputes involved in the suit, I see no impediment in allowing this prayer. Accordingly, the preliminary decree dated 7.4.1978 is recalled.
3. The recall of the preliminary decree dated 7.4.1978 transports us to a position prior to the passing of the decree. In these circumstances, the disputes subsist. These disputes have now been settled and the terms of settlement have been reduced to writing in the form of this application by the parties. It must be noted that the earlier preliminary decree was also passed upon a compromise. The earlier compromise has given way to the fresh compromise that has now been set out in the application. The broad terms of the settlement arrived at between the parties are that the plaintiff has taken over the entire suit property from the defendants and the defendants have agreed that the plaintiff's name be substituted and shown as the exclusive owner of the entire suit property and the defendant's name be deleted in entirety from the record pertaining to the suit property i.e., flat No. 7-A (7th Floor), Hansalaya, 15, Barakhamba Road, New Delhi 110001. The rest of the details of the settlement are set out in the application. The application is marked as Exhibit C-1. The same is signed by the plaintiff and the newly added defendants 1a, 1b and 1c. The application is supported by the affidavits of the said persons. The application is also signed by the counsel for the parties.
4. I have examined the terms of the compromise and find that the same are lawful. The same stands recorded and the suit is disposed of in terms of this compromise. The application (Exhibit C-1) shall form part of the decree. The parties are at liberty to take copies of the decree and intimate the authorities for necessary compliance as indicated in prayer 'd' of this application. The application as well as the suit stand disposed of.
