Veena Handa & Anr. vs Vijay Kumar Khanna & Ors.
2015 Latest Caselaw 9496 Del

12
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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 3298/2014
     VEENA HANDA & ANR.                         ..... Plaintiffs
                   Through : Ms. Manmeet Arora and
                   Mr.Apoorv Tripathi, Advocates with P-2 in
                   person

                       versus

     VIJAY KUMAR KHANNA & ORS.                   ..... Defendants
                    Through : Mr.Sunil Kadian, Advocate for D-1 &
                    D-2 with D-1 in person
                    Ms.Rashmi Verma, Advocate with D-3 in
                    person

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 21.12.2015

I.A.No.25244/2015 (joint application u/O XXIII R 3 CPC)

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

inter alia that they have been able to negotiate a settlement through

the Delhi High Court Mediation & Conciliation Centre which has been

reduced into writing vide Settlement Agreement dated 16.11.2015

entered into between the plaintiffs No.1 & 2 and the defendants No.1

to 3 as also the proposed purchaser of the suit premises, one

Ms. Nutan Jain.

2. Counsels for the parties state that at the time of filing the

present application, it was considered necessary to seek impleadment

of the proposed purchaser of the suit premises for the reason that

some of the obligations undertaken by the parties and recorded in the

Settlement Agreement dated 16.11.2015, were to be discharged by

15.1.2016. However, after the last date of hearing, all the obligations

proposed to be undertaken by the parties qua each other and qua the

proposed purchaser have been discharged thus leaving only the

execution and registration of the sale deed in favour of the purchaser.

3. The plaintiffs and the defendants No.1 & 2 and 3 have

undertaken to abide by the terms and conditions of the Settlement

Agreement dated 16.11.2015 and co-operate with the proposed

purchaser for purposes of execution and registration of the sale deed

in respect of the suit premises in her favour.

4. It is stated that the plaintiffs No.1 & 2 and defendant No.3 were

entitled to 1/5th undivided share in the suit premises that has been

valued at Rs.13 lacs each and the defendants No.1 & 2 are collectively

entitled to 2/5th undivided share in the suit premises which has been

valued at Rs.26 lacs. Counsel for the defendants No.1 & 2 clarifies that

the defendant No.2 (sister) has already executed a Relinquishment

Deed in respect of her 1/5th undivided share in the suit premises, in

favour of the defendant no.1. Counsels for the parties confirm that

their clients have received the entire amount payable by the proposed

purchaser and now nothing further is due or payable towards their

respective shares in the suit premises. Counsels for the parties state

that the Settlement Agreement dated 16.11.2015 may be taken on

record and the suit be decreed in terms thereof.

5. Learned counsel for the plaintiffs states that initially, it was

agreed that the proposed purchaser will hand over post dated cheques

worth Rs.26 lacs to the defendants No.1 & 2, but subsequently, the

said post dated cheques have been substituted with three pay orders,

all dated 15.12.2015 totalling to Rs.26 lacs which are handed over to

the defendant No.1 through counsel and duly accepted. The parties

have agreed that they shall appear before the Sub-Registrar for

purposes of execution and registration of the sale deed in respect of

the suit premises in favour of the proposed purchaser on

23rd December, 2015, at 10.00AM.

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

been signed by the parties as also the proposed purchaser, Ms.Nutan

Jain and their respective counsels and is supported by the affidavits of

the signatories to the application. Enclosed with the application is a

copy of the Settlement Agreement dated 16.11.2015 (original thereof

has been placed in part-I file). The same has been signed by the

parties to the suit and the proposed purchaser and their respective

counsels as also the learned Mediation.

7. As learned counsels for the plaintiffs and the defendants jointly

state that the parties 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 settlement recorded in the application.

8. The suit is decreed in terms of the settlement arrived at and

recorded in the application and the Settlement Agreement dated

16.11.2015, while leaving the parties to bear their own costs. Decree

sheet be drawn accordingly.

9. The suit is disposed of.

File be consigned to the record room.

HIMA KOHLI, J DECEMBER 21, 2015 mk/ap