Delhi High Court
Sanjiv Rai vs Mrs. Bhavna Rai on 4 February, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2099/2013 and IAs No.611/2014,
17441/2013 & 1441/2014
Decided on 04.02.2015
IN THE MATTER OF :
SANJIV RAI ..... Plaintiff
Through: Mr. Gurmeet Bindra, Advocate with
plaintiff in person.
versus
MRS. BHAVNA RAI ..... Defendant
Through: Mr. Deepak K. Sharma, Advocate
with defendant in person.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
I.A.No.2477/2015 (joint application u/O XXIII R-3 CPC)
1. The present compromise application has been jointly filed by the
parties(husband and wife) stating inter alia that during the pendency
of the present proceedings, the parties have arrived at an out of court
settlement.
2. The plaintiff has instituted the present suit against the defendant
for declaration in respect of the two immovable properties, namely,
one flat situated at DLF Phase-V, Gurgaon, Haryana and a plot of land
measuring 500 sq. yards at Gurgaon, Haryana. Similarly, the
defendant has filed a suit for partition and permanent injunction
against the plaintiff in respect of the aforesaid two immovable
properties that is pending in the court of the learned Civil Judge,
District Court, Gurgaon.
3. Now, counsels for the parties state that the parties have arrived
at an out of court settlement in terms whereof, they have agreed to
share the aforesaid two properties that have been jointly purchased by
them, in the manner set out in paras 3 & 4 of the application. The
parties have also agreed that they shall file a petition for divorce by
mutual consent as recorded in the application. Now that neither of
parties wish to continue with the litigation, it is requested that the suit
be decreed in terms of the settlement and a Deed of Settlement dated
30.1.2015 (Annexure-A).
4. The Court has perused the application. The same has been
signed by the plaintiff and the defendant as also by their respective
counsels. The application is supported by the affidavits of the parties.
Enclosed with the application is a copy of the duly notarized Deed of
Settlement dated 30.1.2015, which is duly signed by the parties.
5. As the counsels for the parties 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 same. The parties shall
remain bound by the terms and conditions of the settlement arrived at
between them.
6. The application is allowed and the suit is decreed in accordance
with the terms and conditions stipulated in the application as also in
terms of the Compromise Deed dated 30.1.2015, enclosed with the
application.
7. The suit is disposed of along with the pending applications.
8. The parties are left to bear their own costs.
9. The date already fixed in the case, i.e., 10.3.2015 stands
cancelled.
File be consigned to the record room.
(HIMA KOHLI)
FEBRUARY 04, 2015 JUDGE
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