Praveen Kumar vs Mrs.Kanta Kumari And Others
2009 Latest Caselaw 731 Del

*               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.

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

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"