Delhi High Court
Dinesh Kumar Thr??? His Next ... vs Smt.Narayani Devi & Ors. on 18 February, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 781/2011 & IA No.5665/2011
Decided on : 18.02.2015
IN THE MATTER OF:
DINESH KUMAR THR' HIS NEXT FRIEND ..... Plaintiff
NEETU
Through: Mr. Arvind Kumar Gupta, Advocate
with Ms.Neetu, next friend of plaintiff in person
versus
SMT.NARAYANI DEVI & ORS. ..... Defendants
Through: Mr. Amar Nath Sain, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J.(Oral)
1.
The plaintiff has instituted the present suit against the defendant
No.1(mother) and defendants No.2 & 3(sisters), seeking partition and
rendition of accounts etc.
2. Counsels for the parties state that the plaintiff is suffering from
mental retardation and the present suit has been instituted on his
behalf, by Smt.Neetu, his wife and next friend.
3. During the pendency of the present proceedings, in view of the
relationship between the parties, they were referred to the Delhi High
Court Mediation & Conciliation Centre. Now a Settlement Agreement
dated 20.1.2015 has been filed, whereunder the parties have agreed
that the retiral benefits received by late Sh. Gyan Chand(father of the
plaintiff and husband of the defendant No.1) would be divided between
all the four legal heirs to the extent of 1/4th share each. Further, the
defendant No.3 has agreed to give her 1/4th share to Ms.Neetu, wife of
the plaintiff, of her own free will and volition. It has been agreed that
the defendant No.1-3 shall pay a lump sum amount of `2,50,000/- to
the plaintiff within 30 days from the date of receiving all the outstanding
amounts from the DDA with regard to the retiral benefits of late Sh.Gyan
Chand. The parties have agreed that the defendant No.1 shall execute a
gift deed in respect of the residential premises owned by late Sh.Gyan
Chand, in favour of the plaintiff's son, Master Kartik with a condition that
the donee shall have the right to sell the same only after he attains the
age of majority. The remaining terms and conditions of the settlement
have been set out in para 7 of the Settlement Agreement.
4. The Court has heard the counsels for the parties and perused the
Settlement Agreement. The same has been signed by Ms.Neetu, as next
friend and wife of the plaintiff, by the defendants No.1, 2 & 3 and their
respective counsels as also the learned Mediator.
5. As the counsels for the plaintiff and the defendant jointly state that
they 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
Settlement Agreement is taken on record and the parties shall remain
bound by the terms and conditions of the said settlement. The suit is
decreed in terms of the settlement.
6. The suit is disposed of, along with pending application, while
leaving the parties to bear their own costs.
File be consigned to the record room.
(HIMA KOHLI)
FEBRUARY 18, 2015 JUDGE
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