Rahul Hargun vs Vasdev Hargun & Ors
2015 Latest Caselaw 2588 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CS(OS) 2143/2011 & IAs No.14011, 14012, 18656,
             18657/2011, 3411/2013 & 18580/2014


                                                  Decided on 26.03.2015

IN THE MATTER OF :
RAHUL HARGUN                                        ..... Plaintiff
                         Through: Mr.Raj Kumar, Advocate with plaintiff
                         in person

                         versus

VASDEV HARGUN & ORS.                         ..... Defendants
                  Through: Mr.S.N.Choudhri and Ms.S.Chaudhri
                  Advocates
                  Defendants No.1 & 2 in person


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. Mr.S.N.Choudhri, learned counsel for the defendants No.1 & 2

states that he may be discharged from the present case inasmuch as

he was not consulted by the defendants and was not involved by them

in the mediation proceedings held by the parties. Ordered

accordingly. Learned counsel is discharged from the present case.

2. Pursuant to the order dated 3.12.2014, passed in FAO(OS)

No.515/2013, an appeal preferred by the plaintiff against the order

dated 29.7.2013, at the request of the parties, they were referred to

mediation to try and negotiate a settlement. Now a Settlement

Agreement dated 26.2.2015 has been placed on record.

3. Counsel for the plaintiffs and the defendants No.1 & 2 state that

they have arrived at a settlement, as recorded in para 8 of the

Settlement Agreement whereunder, the entitlement of each of the

parties to various portions of five immovable properties has been

detailed. Counsel for the plaintiff and the defendants No.1 & 2 further

state that the parties shall abide by the manner in which the five

properties have been agreed to be divided amongst them, as recorded

in the Settlement Agreement.

4. The Court has perused the Settlement Agreement dated

26.2.2015. The same has been signed by plaintiff and the defendants

No.1 & 2 and has been witnessed by Mr.P. S. Bali, a family friend. The

learned mediator has also signed the Settlement Agreement.

5. As the counsel for the plaintiff and the defendants No.1 & 2 state

that the parties 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 is taken on record. The parties

shall remain bound by the terms and conditions of the settlement

arrived at between them.

6. The suit is decreed in terms of the settlement, while leaving the

parties to bear their own expenses.

7. The suit and the pending applications are disposed of.

File be consigned to the record room.

                                                   (HIMA KOHLI)
MARCH 26, 2015                                        JUDGE
mk