Delhi High Court
Varun Jain vs Nikhil Jain And Others on 31 August, 2015
14.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 682/2015
Decided on 31.08.2015
IN THE MATTER OF:
VARUN JAIN ..... Plaintiff
Through : Mr. B.L. Gupta, Advocate with
plaintiff in person.
versus
NIKHIL JAIN AND OTHERS ..... Defendants
Through : Mr. Manobal Gupta, Advocate
for D-1 with D-1 in person.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
I.A. No.18173/2015 (u/O XXIII R 3 CPC)
1. At the outset, counsel for the plaintiff states that due to a
typographical error that has crept in the present application, the
defendants No.2 & 3, i.e., M/s. Paamjees & Company and Shri
Parminder Singh have been wrongly described as defendants No.3 & 4.
He states that he may be permitted to carry out necessary corrections
in the application.
2. Leave, as prayed for, is granted. Counsel for the plaintiff has
been permitted to carry out necessary corrections against his
signatures in the application so that defendants No.3 & 4 are correctly
described as defendants No.2 & 3, in terms of the amended memo of
parties.
3. The present application has been filed by the plaintiff stating
inter alia that during the pendency of the present proceedings, the
parties have been able to negotiate a comprehensive settlement by
executing a Mutual Family Settlement dated 1.5.2015. It is stated
that a family settlement has been arrived at between Ms. Kumud Jain
(paternal aunt of the plaintiff and the defendant) and the plaintiff and
his wife and the defendant and his wife, whereunder they have agreed
to divide the DDA flat and a shop in Kucha Khajanchi, Chandni Chowk,
Delhi in equal halves. The Family Settlement also deals with some
immovable properties, which are not the subject matter of the present
suit.
4. Counsel for the plaintiff states that as the parties have arrived at
a family settlement, the suit may be decreed in terms of the said
settlement.
5. The Court has pursued the present application as also the Family
Settlement dated 1.5.2015 which is marked as Annexure-A. The
settlement bears the signatures of the plaintiff and his wife, Smt.Ritika
Jain, the defendant and his wife, Smt.Nisha Jain and Ms. Kumud
Jain(paternal aunt of the plaintiff and the defendant).
6. As counsels for the plaintiff and the defendant 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 Family Settlement dated 01.5.2015.
7. The application is disposed of and the suit is decreed in terms of
the settlement arrived at and recorded in the mutual Family
Settlement dated 01.5.2015, while leaving the parties to bear their
own costs.
8. File be consigned to the record room.
(HIMA KOHLI)
AUGUST 31, 2015 JUDGE
sk/ap
