Mst.Razia Begum vs Mr.Mohd.Ilyas & Ors
2009 Latest Caselaw 2293 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI
+                          CS(OS) No.456/2009
Mst.Razia Begum                                        .... Plaintiff
                      Through: Mr.B.B.Gupta, Advocate along with
                               plaintiff in person.

                                Versus

Mr.Mohd.Ilyas & Ors                                  .... Defendants
                      Through: Ms.Mukta Kapur, Advocate along with
                               defendants in person.

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.

*

IA No.7301/2009

This is an application by the plaintiff and the defendants for

decreeing the suit in terms of the settlement arrived at between the

parties.

The terms and conditions of the settlement are incorporated in

the application under Order 23 Rules 1 & 3 read with Section 151 of the

Code of Civil Procedure.

Under the settlement the parties have agreed that the defendants

would sell their 1/3rd undivided share in the property in favour of

plaintiff or her nominee by executing and getting registered an

appropriate sale deed on or before 31st May, 2009.

The parties have also agreed that defendants shall hand over the

physical possession of the portion of property in suit under their use

and occupation on first floor and open terrace as detailed in the

application.

The defendants who are present have undertaken to the Court

that on execution of the sale deed in favour of the plaintiff the physical

possession of the property in their portion shall be handed over to the

plaintiff.

The parties have contended that the settlement has been arrived

at on their own free will.

The application is signed by the parties and their counsel and is

also supported by the affidavits of the parties.

There doesn't seem to be any impediment is allowing the

application. Consequently, the application is allowed.

CS(OS) No.456/2009 The parties have settled their dispute. Under the settlement

defendants have agreed to sell their 1/3rd undivided share to the

plaintiff by executing a conveyance deed on or before 31st May, 2009.

The defendants have also undertaken to the Court that on execution of

the conveyance deed the possession shall be handed over to the

plaintiff. Consequently, the suit of the plaintiff is disposed of in terms of

the settlement arrived at between the parties incorporated in IA

No.7301/2009 and the undertaking of the defendants is accepted.

Decree sheet be drawn where IA No.7301/2009 shall form part of

the decree. All the pending applications are also disposed of.

MAY 27, 2009                                      ANIL KUMAR, J.
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