Satya Gupta vs Guneet Singh
2015 Latest Caselaw 4919 Del

$~24.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     EX.P. 420/2014
      SATYA GUPTA                             ..... Decree Holder
                        Through: Mr. Anuj Gupta, Advocate with
                        Ms. Rashmi Bansal, Advocate with Mr. Abhay
                        Ram Gupta, LR of the Decree Holder in person.

                        versus

      GUNEET SINGH                            ..... Judgement Debtor
                        Through: Mr. Sanjay Dewan, Advocate with
                        Judgment Debtor in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 13.07.2015

EX.APPL.(OS) 255/2015 (for bringing on record the legal heirs of the deceased Decree Holder)

1. The present application has been filed by the applicants/two

legal heirs of the deceased Decree Holder, stating inter alia that the

Decree Holder had expired on 26.02.2015. A copy of his death

certificate has been filed with the application. It is submitted that she

is survived by the applicants, i.e., her husband and the daughter. It is

stated that the Decree Holder had executed a registered will dated

11.11.2013, whereunder she had bequeathed the suit property

exclusively in favour of her husband. The daughter of the Decree

Holder has filed an affidavit stating inter alia that she has accepted the

will dated 11.11.2013 executed by her mother, whereunder the suit

property has devolved upon her father and she has no objection to her

father being impleaded as the sole Decree Holder in the present

proceedings.

2. Counsel for the Judgment Debtor states that he has no objection

to the present application being allowed.

3. For the reasons stated in the application, the same is allowed.

Mr. Abhay Ram Gupta, husband of the deceased Decree Holder is

permitted to be brought on record as her legal heir. The amended

memo of parties is taken on record. The same be placed in part-I file.

4. The application is disposed of.

EX.P. 420/2014

1. Counsels for the parties jointly state that during the pendency of

the present proceedings, the parties have arrived at a settlement

through the Delhi High Court Mediation and Conciliation Centre, that

was reduced into writing on 25.03.2015, whereunder the Judgment

Debtor has agreed to purchase the share of the deceased Decree

Holder in the suit property for a sum of Rs.32 lacs, out of which, a

sum of Rs.9 lacs has already been paid to Mr. Abhay Ram Gupta, the

successor-in-interest of the Decree Holder. Ms. Jyoti Gupta, daughter

of the Decree Holder and Mr. Abhay Ram Gupta are stated to be

confirming parties to the Settlement Agreement.

2. Counsels for the parties state that the sale deed in respect of

half of the undivided share in the suit premises belonging to the

Decree Holder shall be executed on or before 25.07.2015, i.e., within

four months from the date of execution of the Settlement Agreement.

3. The Court has perused the Settlement Agreement dated

25.3.2015. The same has been signed by the Decree Holder, his

daughter, Ms. Jyoti Gupta, the Judgment Debtor, their respective

counsels and the learned Mediator.

4. As counsel for the Decree Holder states that on execution of the

sale deed in respect of half of the undivided share of the Decree

Holder in the suit property in favour of the Judgment Debtor, the

Decree Holder shall receive the balance sale consideration from the

Judgment Debtor, nothing further survives in the present petition,

which is accordingly disposed of.

HIMA KOHLI, J JULY 13, 2015 rkb/ap