Deceased Laxmi Devi Through Lrs vs Lal Chand & Ors
2015 Latest Caselaw 2811 Del

22
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+                      CS(OS) 512/2014
                                           Decided on : 08.04.2015
IN THE MATTER OF:
DECEASED LAXMI DEVI THROUGH LRS               ..... Plaintiffs
                  Through : Mr. Bharat Gupta, Advocate


                       versus

LAL CHAND & ORS                                     ..... Defendants
                       Through :   Mr. Rajesh Jagvindar, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)


1.

Pursuant to the parties being referred to the Delhi High Court

Mediation & Conciliation Centre in terms of the order dated 23.2.2015,

a Settlement Agreement dated 25.3.2015 has been placed on record.

2. Counsels for the parties state that the terms and conditions of

the settlement have been set out in para 9 of the Settlement

Agreement, whereunder the plaintiffs have agreed to settle the suit for

partition by receiving a sum of Rs.1.50 lacs from the defendants.

3. Counsel for the plaintiffs states that the plaintiffs have already

received the aforesaid amount from the defendants through a cheque

and now nothing further is due or payable by the defendants. In lieu

of the amount received by the plaintiffs, they have given up all their

right, title and interest in the properties mentioned in para 9 of the

Settlement Agreement. The remaining terms and conditions of

the settlement are set out in para 9 (ii) to (ix) of the Settlement

Agreement.

4. Counsels for both parties state that the suit may be decreed in

view of the settlement arrived at between the parties.

5. The Court has perused the Settlement Agreement dated

25.3.2015. The same has been signed by the plaintiffs and the

defendants No.1 & 2 and the constituted attorneys of the defendants

No. 3, 3(a) to (d) and defendants No.4 & 5. Enclosed with the

Settlement Agreement is the Special Power of Attorney executed by

the defendants No.3, 3(a) to (d) and defendants No.4 & 5 in favour of

Mr. Lal Chand, their attorney. The Settlement Agreement has also

been signed by the counsels for the parties and the learned Mediator.

6. As counsels for the plaintiff and the defendants jointly state that

their clients have arrived at the aforesaid settlement of their own free

will and volition and without any undue influence or coercion from any

quarters, there appears no legal impediment in accepting the

settlement. The parties shall remain bound by the terms and

conditions of the settlement recorded in the Settlement Agreement.

7. The suit is decreed in terms of the settlement arrived at between

the parties and recorded in Settlement Agreement dated 25.3.2015,

while leaving the parties to bear their own costs.

8. At this stage, counsel for the plaintiffs states that as the parties

have arrived at a negotiated settlement through the Court annexed

mediation at the stage of completion of pleadings in the suit, they are

entitled to refund of the court fees under Section 16 of the Court Fees

Act.

9. In view of the aforesaid submission made by the counsel for the

plaintiffs, the Registry is directed to issue a certificate in favour of the

plaintiffs for refund of the court fees under Section 16 of the Court

Fees Act.

10. File be consigned to the record room.

(HIMA KOHLI) JUDGE APRIL 08, 2015 sk