Lt.Gen Charanjit Singh (Retd.) vs Soni J. Singh
2012 Latest Caselaw 1797 Del

24.
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*        IN THE HIGH COURT OF DELHI AT NEW DELHI

+        CS(OS) 2518/2009

%                                 Judgment Delivered on: 15.03.2012


         LT.GEN CHARANJIT SINGH (RETD.)                 ..... Plaintiff
                      Through : Mr.Ravi Gupta, Sr. Adv. with Ms.Amrita
                                Sanghi, Mr.Ashok Kumar and Mr.Surjit
                                Prasad, Advs. along with Ms.Veena
                                Lumba

                     versus

         SONI J. SINGH F+                                   ..... Defendant
                        Through :        Mr.Prabhjit Jauhar, Adv. along with
                                         defendant.

         CORAM:
         HON'BLE MR. JUSTICE G.S.SISTANI

G.S.SISTANI, J (ORAL)

      1.

Plaintiff has filed the present suit for permanent and mandatory injunction. During the pendency of the suit, plaintiff has gifted the first floor of the suit property bearing no.C-152, Defence Colony, New Delhi, to his daughter, Ms.Veena Loomba, by a gift deed dated 24.5.2011, a copy of which has been placed on record.

2. At the oral request of learned senior counsel for the plaintiff, Ms.Veena Loomba, daughter of plaintiff, has been impleaded as plaintiff no.2 in the present suit. Ms.Amrita Sanghi submits that she has instructions to appear on behalf of Ms.Veena Loomba, who is also present in Court, in this matter. Let an amended memo of parties be filed.

3. Ms.Veena Loomba, plaintiff no.2, and defendant entered into a Memorandum of Understanding on 21.2.2012, a photocopy of which has been placed on record, by means of the present application, being I.A.No.4453/2012. Ms.Veena Loomba has identified his signatures on the said Memorandum of Understanding at points, "A' 'B', 'C', & 'D'. Defendant, who is also present in Court, has also identified her signatures on the said Memorandum of Understanding. Ms.Veena Loomba and defendant have again appended their signatures along with today's date on the photocopy of the said Memorandum of Understanding filed along with I.A.No.4453/2012. Memorandum of Understanding has been taken on record, which is marked as Exhibit C-1.

4. As per the Memorandum of Understanding dated 21.2.2012 Ms.Veena Loomba and the defendant have agreed that during her life time defendant will continue to live in the first floor of the suit property bearing no.C- 152, Defence Colony, New Delhi, along with one servant quarter. Ms.Veena Loomba, plaintiff no.2, further submits that defendant would be entitled to enjoy all the areas including common areas, which stand gifted to her by her father during her life time including the common drive way for parking one car and access to terrace for the purposes of repair of water tank(s), affixation of antenna and plumbing.

5. Mr.Ravi Gupta, learned senior counsel for the plaintiffs, submits that since the parties have arrived at an amicable settlement and all disputes and differences have been sorted out, defendant should withdraw all her complaints including the complaint filed under the Domestic Violence Act and FIR No.5/2010, registered at the instance of defendant. Learned counsel for the defendant on instructions from the defendant has agreed to the suggestion made by learned senior counsel for the plaintiff, subject to the condition that plaintiff no.1 will withdraw all the allegations made by

him with regard to character assassination of defendant and plaintiff no.1 will also withdraw W.P.(Crl.) 1774/2009 filed against defendant.

6. Matter was passed over once to enable Mr.Ravi Gupta to take instructions from plaintiff no.1 in this regard. At the second call Mr.Ravi Gupta on instructions from the plaintiff no.1 submits that plaintiff no.1 has agreed that all the allegations made against the defendant with regard to her character would be expunged in all the inter se disputes, which are pending, and plaintiff no.1 will also withdraw W.P.(Crl.) 1774/2009 filed against the defendant. Counsel for the defendant submits that defendant will also move an appropriate application for quashing of FIR No.5/2010. Counsel for the parties undertake to the Court that parties will cooperate in withdrawing all the inter se litigations pending between them including FIR No.5/2010 and W.P.(Crl.) 1774/2009.

7. In view of the settlement arrived at between the parties, learned counsel for the parties submit that present suit may be decreed in terms of Exhibit C-1 and the above agreed terms.

8. Accordingly, suit stands decreed in terms of Exhibit C-1 and the above agreed terms. Parties shall be bound by the terms of Exhibit C-1 and the above agreed terms. Exhibit C-1 shall form part of the decree. I.A. 4455/2012 (for placing on record MOU dated 21.2.2012 - filed by defendant).

9. As jointly agreed, Memorandum of Understanding dated 21.2.2012 is taken on record.

10. Application stands disposed of.

I.A. 16952/2009 (O XXXIX R 1 & 2 CPC- filed by plaintiff)

11. In view of the decree passed in the suit present application stands disposed of.

I.A. 2210/2010 (O XXVI R 9 - filed by Defendant), I.A. 11583/2010 (O VI R 17 - filed by defendant, I.A. 15689/2010 (S 151 - filed by defendant), I.A. 18617/2011 (O VII R 11 - filed by defendant) & 18618/2011 (O VI R 17 - filed by defendant).

12. In view of the decree passed in the suit present applications stand dismissed.

G.S.SISTANI, J MARCH 15, 2012 msr