Narinder And Ors vs Sudhir Singh And Ors
2015 Latest Caselaw 1089 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         CS(OS) 1485/2014

                                                Decided on 05.02.2015
IN THE MATTER OF:

NARINDER AND ORS                                   ..... Plaintiffs
                        Through: Mr. Anand Yadav, Advocate with
                        plaintiff No.1 in person.

                        versus


SUDHIR SINGH AND ORS                          ..... Defendants
                   Through: Mr. Shiv Charan Garg, Advocate with
                   Mr. Imran Khan, Advocate for D-1 to D-5.
                   Mr. A.P. Aggarwal, Advocate for D-6.


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A. 25592/2014 (joint application u/O XXIII R 3 CPC)

1. The plaintiffs have instituted the accompanying suit, praying

inter alia for the relief of permanent injunction against the defendants

in respect of their respective properties situated in the colony known

as Budh Vihar, Phase-II, comprised in the revenue estate of village

Rithala, Delhi.

2. Counsels for the parties state that during the pendency of the

present proceedings, defendants No.1 to 5 and the defendant No.6

have arrived at a settlement as recorded in the Deed of Settlement

dated 14.11.2014, executed between the defendant No.6 as the duly

constituted attorney of Shri Bhagirath Raj Sharma and Shri Vijay

Kumar Sharma, Shri Sambhu Sharma and Shri Sunil Sharma, all sons

of Shri Madan Lal Sharma on one side and the defendants No.1 to 5

and their sister, Smt. Seema on the other side, whereunder certain

assurances have been given by the defendants No.1 to 5 and their

sister to the defendant No.6 and vice versa and on the basis of the

said assurances recorded in the Deed of Settlement, the plaintiffs do

not have any objection to the suit being disposed of in terms of the

Deed of Settlement.

3. Counsels for the defendant No.1 to 5 and the defendant No.6

state that their clients shall remain bound to each other in terms of

the obligations undertaken by them respectively and recorded in the

Deed of Settlement dated 14.11.2014 and they do not have any

objection to the suit being disposed of in terms of the said settlement.

4. In view of the submission made by the counsel for the plaintiffs

that though his clients are not parties to the Deed of Settlement, they

are satisfied with the terms and conditions of the settlement arrived at

between the defendants No.1 to 5 and their sister and the defendant

No.6 and they do not wish to pursue the present suit any further, the

present suit is disposed of alongwith the pending application while

taking on record the Deed of Settlement and leaving the parties to

bear their own expenses.

5. File be consigned to the record room.

                                                (HIMA KOHLI)
FEBRUARY 05, 2015                                  JUDGE
rkb