Nitika Deceased Through Lr vs Sh. Jit Singh & Ors.
2015 Latest Caselaw 8999 Del

$~43.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 333/2007
      NITIKA DECEASED THROUGH LR               ..... Plaintiff
                    Through: Mr. Sanjay S. Chhabra, Advocate
                    with plaintiff in person.

                        versus

      SH. JIT SINGH & ORS.                        ..... Defendants
                      Through: Ms. Geetika Kapur, Advocate for
                      D-1(a) and D-2 to D-7.
                      Mr. Gagan Chawla, Advocate for D-9.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 03.12.2015

I.A. 24797/2015 (joint application u/O XXIII R 1 and 3 CPC)

1. The present joint application has been filed by the sole plaintiff

and defendants No.2 to 7 and defendant No.9 stating inter alia that

they had been able to negotiate an out of court settlement prior to

26.10.2015, which was finally reduced into writing vide Settlement

Agreement dated 24.11.2015, wherein all the defendants have agreed

that the plaintiff shall be the absolute owner of the first floor on the

left hand side alongwith a portion of the basement measuring 375

sq.ft. of the suit premises bearing No.G-II/50, Lajpat Nagar-II, New

Delhi, measuring 100 sq. yards, as reflected in red colour in the site

plan enclosed with the Settlement Agreement and marked as

Annexure-A.

3. Counsels for the parties state that the plaintiff is already

occupying the flat on the left side of the first floor of the suit premises

and counsel for the defendants No.1(a) and 2 to 7 hands over the keys

of the basement to the plaintiff through counsel. Further, counsel for

the defendant No.4 hands over two drafts, one for a sum of Rs.30 lacs

and another for Rs.25,667/- to the defendant No.9 through counsel in

terms of para 6 of the Settlement Agreement in full and final

settlement of all the claims of the defendant No.9 against defendant

No.4.

4. Counsels for the parties jointly state that as there is nothing left

for trial in the present suit, the parties having arrived at a

comprehensive settlement and further, request that in view of the

medical condition of the plaintiff, who is immobile and has come to

court on a wheelchair to have her presence recorded, this Court may

take on record the Settlement Agreement and dispose of the suit in

terms thereof.

5. The Court has perused the present application. The same has

been signed by the plaintiff and the defendants No.2 to 7 and their

respective counsels and is supported by the affidavits of the

signatories to the application and the Settlement Agreement.

6. 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 said settlement. The

Settlement Agreement is taken on record. The parties shall remain

bound by the terms and conditions of the settlement recorded in the

Settlement Agreement.

7. The application is allowed. The suit is disposed of while leaving

the parties to bear their own cost.

HIMA KOHLI, J DECEMBER 03, 2015 rkb