Col. R.S.Ahluwalia & Anr. vs Captain P.S.Ahluwalia & Ors.
2009 Latest Caselaw 4679 Del

               * IN THE HIGH COURT OF DELHI AT NEW DELHI




CS(OS) No. 2626/1998 & IA no. 6369/2009
%                                                                     17.11.2009

       Col. R.S.Ahluwalia & Anr.                                 ... Plaintiffs
                           Through: Brig. R.S.Ahluwalia, Plaintiff-in-person

               Versus

       Captain P.S.Ahluwalia & Ors.                      ... Defendants
                           Through: Mr. L.M.Asthana, Advocate for D-1&2
                           Mr. Kirti Uppal, Advocate for D-3

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

ORDER

Plaintiff filed the present suit for partition, rendition of accounts, declaration and permanent injunction in respect of HUF properties viz. D-266, Defence Colony, New Delhi and business of M/s Premier Security Services Pvt. Ltd. A prayer in the suit is also made for appointing Local Commissioner for partition of the suit property by metes and bounds in accordance with the shares of the parties. During pendency of the suit, the parties sought help of Mediation Cell so as to settle the matter between them and ultimately a compromise was arrived at between the parties on 16th October, 2008. The parties decided to settle the entire claim in respect of partition of the property, business etc. in terms of the compromise. Under the compromise defendant no.1 & 2 were to pay to the plaintiff and to defendant no.3 an amount of Rs.3 crore each against all their claims in the immovable property and business and parties had agreed on the mode of payment of a part, however, regarding installments the matter was left open and further talks could not take place on installments. Today when the

matter is taken up it is requested by the parties that a final decree in terms of the settlement be passed so that the compromise between the parties is given a shape of adjudication and the parties shall be free to execute a decree.

With consent of the parties, the claim of the plaintiff and defendants in HUF properties is settled and decreed in terms of compromise dated 16th October, 2008. Decree Sheet be prepared in terms of the compromise. The compromise dated 16th October, 2008, arrived at between the parties shall form part of the decree.

November 17, 2009                             SHIV NARAYAN DHINGRA, J.
vn