Kallu Babu Rohatgi vs Raj Kumar Rohatgi(Deced.Through ...
2015 Latest Caselaw 5919 Del

$~31.

*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+    CS(OS) 944/2011 and I.As. No. 6287/2011 & 5770/2014

     KALLU BABU ROHATGI                        ..... Plaintiff
                   Through: Mr. N.S.Negi, Advocate with plaintiff
                   in person

                       versus

     RAJ KUMAR ROHATGI(DECED.THROUGH LRS) & ORS
                                                ..... Defendants
                   Through: Mr.S.D.Kushwaha, Advocate for LRs
                   of D-1
                   Mr.K.K.Rohatgi, Advocate for D-2 & D-3

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 13.08.2015

1. Pursuant to the order dated 4.8.2015, the parties have filed the

site plan dated 10.8.2015 of the suit premises, which has been signed

by all of them. They state that the site plan has a legend which

indicates the manner in which the shares of the parties in the suit

premises has been demarcated.

2. The learned Mediator has forwarded a Settlement Agreement

dated 21.4.2015 whereunder, the terms and conditions of the

settlement between the parties have been recorded in para 6 thereof.

All the parties have agreed to the manner in which their respective

shares in the suit premises shall be partly divided by metes and

bounds and partly disposed of in the open market. The site plan of

the suit premises has been subsequently filed by the parties to

indicate the exact manner in which the respective portions of the

parties have been demarcated.

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

terms of the Settlement Agreement and the site plan filed under index

dated 10.8.2015.

4. The court has perused the Settlement Agreement dated

21.4.2015. The same has been signed by all the parties to the suit

and their respective counsels, as also the learned Mediator. The site

plan filed under index dated 10.8.2015 has been signed by all the

parties in acknowledgment of the demarcation of shares shown

therein. The Settlement Agreement dated 21.4.2015, marked as Ex.A

and the site plan marked as Ex.B are taken on record.

5. The suit is decreed in terms of the Settlement Agreement. The

site plan shall form a part of the decree sheet. The suit is disposed of,

along with the pending applications, while leaving the parties to bear

their own expenses.

6. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have arrived at a settlement through court

annexed mediation prior to the stage of framing of issues, the plaintiff

is entitled to claim refund of the court fees in terms of Section 16 of

the Court Fees Act.

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

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

plaintiff for refund of the court fees, as per law.

File be consigned to the record room.

HIMA KOHLI, J AUGUST 13, 2015 mk/ap