Nirmal Kumari Sachdeva vs Rachna Khanna & Ors
2015 Latest Caselaw 5187 Del

$~11.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2310/2014 and I.A. 14441/2014
      NIRMAL KUMARI SACHDEVA                   ..... Plaintiff
                    Through: Mr. Sanjeev Kumar, Advocate with
                    plaintiff in person.

                        versus

      RACHNA KHANNA & ORS                      ..... Defendants
                   Through: Defendants No.1 to 3 in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 20.07.2015

I.A. 14347/2015 (by the plaintiff u/O I R 10 CPC)

1. The present application has been filed by the plaintiff praying

inter alia that the name of the defendant No.4 be deleted from the

array of the defendants as he is not a necessary party in the suit

proceedings and further, for the reason that the plaintiff (mother of

the defendant No.1 and mother-in-law of the defendant No.2) and the

defendant No.3(brother of defendant No.2) have arrived at a

settlement before the Delhi Mediation Centre, Rohini District Court,

upon being referred to mediation by the learned MM.

2. Defendants No.1 to 3 are present in person and are duly

identified by the counsel for the plaintiff. They state that they have no

objection to the name of the defendant No.4 being deleted from the

array of defendants. They also confirm the fact that they have arrived

at a settlement with the plaintiff.

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

The name of the defendant No.4 is permitted to be deleted from the

array of defendants. The amended memo of parties enclosed with the

present application is taken on record. The same shall be placed in

part-I file.

4. The application is disposed of.

I.A. 14348/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the plaintiff and

the defendants No.1 to 3 stating inter alia that the parties have settled

their dispute in respect of the suit premises before Delhi Mediation

Centre, Rohini District Court in a case referred to the Mediation

Centre, arising out of FIR No.166/2013, by executing a Settlement

Agreement dated 03.07.2014.

2. It is stated by the counsel for the plaintiff that in terms of the

settlement, the defendants have agreed to execute documents for

transferring the suit premises back in favour of the plaintiff and

getting the registered Gift Deed dated 16.04.2013, that had been

executed by the plaintiff in favour of the defendant No.1 in respect of

the suit premises, cancelled. He states that in view of the settlement

arrived at between the parties, after the Gift Deed dated 16.04.2013 is

cancelled as per law, all the parties shall approach the court of the

learned MM for quashing of the FIR.

3. The defendants, who are present in Court, confirm the fact that

they have arrived at a settlement with the plaintiff of their own free

will and pursuant thereto, they have handed over the title documents

of the suit premises including the original registered Gift Deed to the

plaintiff, who is presently in possession of the suit premises. They

state that they shall take necessary steps to get the said Gift Deed

cancelled by executing a Cancellation Deed within four weeks from

today. The defendants acknowledge that the plaintiff is the lawful

owner-in-occupation of the suit premises and they are not left with

any right, title or interest therein. The remaining terms and conditions

of the settlement are set out in para 2 of the present application.

Counsel for the plaintiff and the defendants No.1 to 3, who are present

in Court, state that the suit may be decreed in terms of the Settlement

Agreement.

4. The Court has perused the present application. The same has

been signed by the plaintiff, defendants No.1 to 3 as also the counsel

for the plaintiff and is supported by the affidavits of the signatories to

the application.

5. As counsel for the plaintiff and the defendants 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 said

settlement. The Settlement Agreement dated 03.07.2014 executed by

the parties before the Mediation Centre, Rohini District Court and

marked as Annexure-A, is taken on record. The parties shall remain

bound by the terms and conditions of the settlement recorded in the

Settlement Agreement. Counsels for the plaintiff and the defendants

No.1 to 3 shall affix their signatures on the order sheet in token of

their acceptance of the said settlement.

6. The suit is decreed in favour of the plaintiff in terms of prayer

clause (a) of the plaint and the settlement arrived at and recorded in

the Settlement Agreement dated 25.03.2015, while leaving the parties

to bear their own expenses. Decree sheet be drawn accordingly.

7. The suit is disposed of alongwith the pending application, while

leaving the parties to bear their own expenses.

8. File be consigned to the Record Room.

HIMA KOHLI, J JULY 20, 2015 rkb/mk