Ram Saran vs Asha Rani & Ors
2015 Latest Caselaw 2401 Del

$~37.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1935/2013
     RAM SARAN                                      ..... Plaintiff
                       Through: Mr. Sunil Lalwani, Advocate with
                       plaintiff in person.

                       versus

     ASHA RANI & ORS                             ..... Defendants
                    Through: Mr. K.S. Pathania, Advocate for D-1
                    with D-1 in person.
                    Defendants No.2 to 6 in person.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 20.03.2015

1. Pursuant to the parties appearing before the Delhi High Court

Mediation and Conciliation Centre, they have arrived at a settlement

as recorded in the Settlement Agreement dated 02.03.2015.

2. The terms and conditions of the settlement have been set out in

para 8 of the Settlement Agreement, whereunder the parties have

agreed that the defendant No.1 shall be entitled to the exclusive

ownership and possession of the part of the property shown in yellow

colour in the site plan enclosed with the Settlement Agreement and

marked as Annexure A, measuring 95 sq. yards in total, as detailed in

para 8(I) and the plaintiff and the defendants No.2 to 6 would be

collectively entitled in equal parts of the exclusive ownership and

possession of the portion shown in green colour above the red dividing

line in the same site plan, measuring 155 sq. yards. Rest of the terms

and conditions of the settlement are set out in para 8(I) to (IX).

Counsels for the parties and the parties state that in view of the fact

that they have arrived at a comprehensive settlement as recorded in

the Settlement Agreement, the same may be taken on record and the

suit be decreed in terms thereof.

3. Counsel for the plaintiff and the defendant No.1, who is present

with her counsel, identify the defendants No.2 to 6, who appear in

person.

4. The Court has perused the Settlement Agreement. The same has

been signed by the parties and their counsels as also by the learned

Mediator. Enclosed with the Settlement Agreement is a site plan

marked as Annexure A indicating inter alia the portions in yellow and

green colour that have been given to the defendant No.1 and the

plaintiff and defendants No.2 to 6 respectively.

5. As the counsels 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

settlement. The parties shall remain bound by the terms and

conditions of the settlement.

6. The suit is decreed in terms of the settlement arrived at between

the parties and recorded in the Settlement Agreement dated

02.03.2015, while leaving the parties to bear their own expenses.

7. At this stage, learned counsel for the plaintiff states that as the

parties have arrived at a settlement through the process of court

annexed mediation, he may be issued a certificate for refund of the

court fees affixed on the plaint.

8. In view of the aforesaid submission, the Registry is directed to

issue a certificate of refund of the court fees to the plaintiff under

Section 16 of the Court Fees Act.

File be consigned to the record room.

HIMA KOHLI, J MARCH 20, 2015 rkb