Firdaus Amin vs Huma Mirza And Ors.
2015 Latest Caselaw 5641 Del

$~35
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1994/2015

       FIRDAUS AMIN                                   ..... Plaintiff
                         Through : Mr. Rahul Sharma and
                         Mr.Jitender Ratta, Advocates with Mr.
                         Shashank Kumar, Attorney Holder
                         of Plaintiff.

                         versus

       HUMA MIRZA & ORS.                      ..... Defendants
                     Through : Mr.P.S.Bindra, Advocate for
                     D-1 to D-3 along with Defendant no. 2 and Mr.
                     Tauseef Ahmed on behalf of Defendant no. 3.
                     Mr.Naveen Thakur, Advocate for D-4 to D-9

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 05.08.2015

IA No.15918/2015(u/O XXIII R 3 CPC)

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

inter alia that they have arrived at a settlement in terms of the

Partition Deed dated 29.7.2015, duly registered with the office of the

Sub-Registrar(V) on the same date, whereunder the parties have

agreed to identify their shares in the suit property, as detailed in paras

1-4 of the Partition Deed. The remaining terms and conditions of the

settlement arrived at between the parties have been set out in paras 5

to 15 of the Partition Deed.

2. Counsels for the parties state that all the parties to the present

suit are signatories to the Partition Deed and they undertake to remain

bound by the terms and conditions thereof.

3. In view of the fact that the parties have negotiated an out of

court settlement in terms of the Partition deed dated 29.7.2015 and

they have affixed their signatures thereon and further, they

have de-alienated their respective shares in the suit premises, as

detailed in the Partition Deed and the different portions of the suit

premises falling in the share of the parties have been identified in the

site plans enclosed with the Partition Deed, duly signed by all of them,

the same is taken on record.

4. The parties shall remain bound by the terms and conditions of

the Partition Deed. The suit is decreed in terms of the settlement as

recorded in the Partition Deed dated 29.7.2015.

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

leaving the parties to bear their own expenses.

The date fixed before the Joint Registrar, stands cancelled.

HIMA KOHLI, J AUGUST 05, 2015 mk