Kapil Kumar Rustogi vs Sandeep Sharma And Anr
2015 Latest Caselaw 3048 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CS(OS) 506/2012 and I.A. 3898/2012

                                        Decided on 16.04.2015
IN THE MATTER OF:
KAPIL KUMAR RUSTOGI                          ..... Plaintiff
                   Through: Mr. Pawan Kumar Mittal, Advocate

                        versus


SANDEEP SHARMA AND ANR                       ..... Defendants
                  Through: Mr. Ishar Ahmad, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A. 18419/2013 (joint application u/O XXIII Rule 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that they have settled their inter se disputes vide MOU dated

08.11.2013. A copy of the MOU has been enclosed with the present

application. The terms and conditions of the settlement are recorded

in the said MOU.

2. Counsels for the parties request that the suit may be decreed in

accordance with the terms and conditions recorded in MOU dated

08.11.2013. The court is informed that as agreed, Sale Deeds have

already been executed by the defendants in favour of a third party and

the defendants have undertaken not to challenge the ownership of the

purchaser after registration of the Sale Deeds.

3. The Court has pursued the present application. The same has

been signed by the parties and their respective counsels and is duly

supported by their affidavits. As counsels for the parties 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.

4. In view of the fact that the parties have arrived at a settlement

as per the terms recorded in the MOU dated 08.11.2013, the said MOU

is taken on record and the suit is decreed in terms thereof, while

leaving the parties to bear their own expenses.

5. The suit is disposed of, along with the pending applications.

6. File be consigned to the record room.

                                                     (HIMA KOHLI)
APRIL 16, 2015                                          JUDGE
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