Mr. Subhash Chand Sharma & Anr vs Mr. Sribhagwan Sharma & Ors
2015 Latest Caselaw 253 Del

*               IN THE HIGH COURT OF DELHI AT NEW DELHI

+               CS(OS) 2178/2014 & IA No.13457/2014

                                     Date of Decision: 12th January, 2015
IN THE MATTER OF

MR. SUBHASH CHAND SHARMA & ANR.                          ..... Plaintiffs
                   Through : Mr. Satpal Sharma, Advocate with
                   Plaintiffs No.1 & 2 in person.
                   versus
MR. SRIBHAGWAN SHARMA & ORS.                      ..... Defendants
                   Through : Defendants No.1 to 3 in person.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. The plaintiffs have filed the present suit against the defendants

praying inter alia for a decree of partition to the extent of 1/5th share each

in the property bearing No.S-532, School Block, Shakarpur, New Delhi

measuring about 100 sq. yards comprising of two floors and one room

with open terrace above the second floor. The plaintiff No.2 is the widow

of late Shri Lakhmi Chand and the plaintiff No.1 and the defendants No.1

to 3 are the children of the plaintiff No.2 and late Shri Lakhmi Chand.

2. Vide order dated 15.9.2014, the parties were referred to mediation.

Pursuant thereto, a Settlement Agreement dated 29.9.2014 has been

forwarded by the Mediation Centre.

3. Learned counsel for the plaintiffs and the defendants, who appear in

person and have been duly identified by the plaintiffs and their counsel,

jointly state that the terms and conditions of the settlement are

mentioned in para 7 to 13 of the Settlement Agreement, whereunder the

plaintiff No.2 and defendant No.3 have given up their right, title and

interest in the suit property in favour of the plaintiff No.1 and the

defendants No.1 & 2. As a result, plaintiff No.1 and defendants No.1 & 2

are entitled to 1/3rd share each in the suit property, as detailed in the site

plan enclosed with the Settlement Agreement dated 29.9.2014 and

marked as Annexure-A as also in para 7 of the Settlement Agreement.

Rest of the terms and conditions are set out in paras 8 to 13 of the

Settlement Agreement.

4. The dispute is between the mother and one sibling on the one hand

and the remaining siblings on the other hand. The Court has interacted

with the plaintiff No.2 and the defendant No.3, who affirm the terms and

conditions of the Settlement Agreement and state that they have given up

their respective shares in the suit property in favour of the plaintiff No.1

and the defendants No.1 & 2 and have no objection if the suit is disposed

of on the aforesaid lines. Similar submissions are made by the plaintiff

No.1 and the defendants No.1 & 2.

5. The Court has perused the Settlement Agreement dated 29.9.2014.

The same has been signed by the plaintiff No.1, defendants No.1 to 3 and

by their respective counsels. The plaintiff No.2 has endorsed the same by

putting her thumb impression on the second last page of the Settlement

Agreement. The same has also been signed by the learned Mediator.

6. As the parties 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 same. The Settlement Agreement dated

29.9.2014 is taken on record. The parties shall remain bound by the

terms and conditions of the settlement.

7. Accordingly, the suit is decreed in accordance with the conditions

recorded in the Settlement Agreement dated 29.9.2014 holding inter alia

that the plaintiff No.1 and the defendants No.1 & 2 are the owners of the

suit property to the extent of 1/3rd share each, as described in the site

plan(Annexure-A) enclosed with the Settlement Agreement.

8. The suit is disposed of along with the pending application, while

leaving the parties to bear their own costs.

9. At this stage, the defendant No.1 states that his name has been

mis-spelt in the memo of parties and counsel for the plaintiffs may be

directed to carry out the necessary corrections therein.

10. The plaintiffs shall carry out the necessary corrections by correctly

spelling the name of the defendant No.1. An amended memo of parties

shall be filed within one week with copies to the other side.

File be consigned to the record room.

(HIMA KOHLI) JUDGE JANUARY 12, 2015 sk/mk