Delhi High Court
Tajinder Singh vs Nirmal Singh & Ors on 3 February, 2015
Author: Hima Kohli
$~33.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1356/2011
TAJINDER SINGH ..... Plaintiff
Through: Mr. Atul Aggarwal, Advocate
versus
NIRMAL SINGH & ORS ..... Defendants
Through: Mr. Sanad Singhania, Advocate for
D-1 with D-1 in person.
Mr. Varun Rathi, Advocate for Mr. Atit Jain,
Advocate for D-2 to D-9.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 03.02.2015
1. The plaintiff has instituted the present suit against his nine
siblings praying inter alia for a decree of partition, declaring him
entitled to 1/10th share in the suit premises bearing plot No.40, Khasra
No.596 situated in the revenue estate of village Tihar Colony, Fateh
Nagar, New Delhi.
2. During the pendency of the present suit, at the joint request of
the counsels for the parties, they were referred to the Delhi High Court
Mediation and Conciliation Centre. Pursuant thereto, a Settlement
Agreement dated 29.01.2015 has been placed on record.
3. Counsels for the plaintiff, defendant No.1 and defendants No.2
to 9 state that the terms and conditions of the settlement not only
include the suit premises, but some other immovable properties owned
by their deceased parents that are situated in Punjab. They point out
that the terms and conditions of the settlement have been set out in
para 6 of the Settlement Agreement, whereunder it has been agreed
that the plaintiff and the defendants No.1 and 3 shall be entitled to
1/3rd share each in the suit premises and the parties have further
agreed to the manner of redeveloping/reconstructing the same. In
view of a registered will dated 21.04.1995 executed by late Shri Sant
Singh, father of the parties, the remaining parties to the suit, i.e.,
defendants No.2 and 4 to 9 have agreed to relinquish their rights in
the suit premises in favour of the plaintiff and the defendants No.1 and
3. Counsels for the parties state that the agreement arrived at
between the parties in respect of the other immovable properties
situated in Punjab have been set out in para 6(f) of the Settlement
Agreement. They jointly state that the Settlement Agreement be taken
on record and the suit be decreed in terms thereof.
4. The Court has perused the Settlement Agreement dated
29.01.2015 and the terms and conditions that have been set out in
para 6 thereof. The same has been signed by the parties and their
respective counsels, apart from the learned Mediator. Enclosed with
the Settlement Agreement is a photocopy of a will dated 21.04.1995,
executed by late Shri Sant Singh, duly registered on 29.12.1997. The
said document has also been signed by all the parties on each page.
5. As the counsels for the plaintiff and the defendants 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 Agreement.
6. The Settlement Agreement dated 29.01.2015 is taken on record.
The parties shall remain bound by the terms and conditions of the
settlement arrived at between them. The suit is decreed while leaving
the parties to bear their own costs.
HIMA KOHLI, J
FEBRUARY 03, 2015
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