Tarikh Raja vs Mahir Raja
2015 Latest Caselaw 1800 Del

7.
*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CS(OS) 2993/2011

                                                Decided on 02.03.2015
IN THE MATTER OF:
TARIKH RAJA                                               ..... Plaintiff
                        Through : Mr. Gopal Singh, Advocate with
                        plaintiff in person.

                        versus

MAHIR RAJA                                            ..... Defendant
                        Through : Mr. G.S. Raghav and
                        Mr. Pankaj Kumar, Advocates with
                        defendant in person.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A. No.4296/2015 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the

parties stating inter alia that during the pendency of the present

proceedings, they have arrived at an out of court settlement as

recorded in the Deed of Settlement/Compromise dated 11.2.2015,

whereunder the plaintiff has agreed to gift the subject property to the

defendant of his own free will and volition.

2. Counsels for the parties state and the plaintiff and the defendant

are brothers and have decided to bury the hatchets by arriving at a

settlement not only in respect of the immovable property, subject

matter of the present suit, but also in respect of other properties for

which the purpose, separate deeds of settlement have been executed.

They state that the suit may be decreed in view of the settlement

arrived at between the parties.

3. The Court has pursued the present application. The same has

been signed by the plaintiff and the defendant and by their respective

counsels. The application is supported by the affidavits of both the

parties. Annexed with the application is a photocopy of the Deed of

Settlement/Compromise dated 11.2.2015 (Annexure-P-1), which has

been endorsed as a true copy by both the parties. In the Deed of

Settlement, it has been recorded that the parties have agreed that the

defendant shall be the absolute and exclusive owner of the suit

premises and the plaintiff has given up all his rights, title and interest

therein in his favour.

4. As counsels for the plaintiff and the defendants jointly state that

their clients 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 parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

5. The application is allowed and the suit is decreed in terms of the

settlement arrived at and recorded in the Deed of Settlement, while

leaving the parties to bear their own costs.

6. File be consigned to the record room.

                                                    (HIMA KOHLI)
MARCH 02, 2015                                         JUDGE
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