Delhi High Court
Ravinder Mohan vs Neeraj Singla & Ors on 5 May, 2015
16 $~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 832/2012 & IA No.5875/2015.
Decided on 05.05.2015
IN THE MATTER OF:
RAVINDER MOHAN ..... Plaintiff
Through : Mr. Shekhar Dasi, Advocate with
plaintiff in person.
versus
NEERAJ SINGLA & ORS ..... Defendants
Through : Ms. Meera Mathur, Advocate
for D-1 & 2 with D-1 in person.
None for D-3 & D-4
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
1. The present suit has been instituted by the plaintiff against the
defendants No.1, 3 & 4, who are siblings, and the defendant No.2,
mother of the parties, praying inter alia for partitioning the Flat
No.147-B (MIG) SFS) Pocket-B, Mayur Vihar Phase-II, Delhi, an
immovable property owned by Shri Madan Mohan Singh (father of the
plaintiff and the defendants No.1, 3 & 4 and husband of the defendant
No.2). After completion of pleadings, the suit is at the stage of
framing of issues.
2. Counsels for the parties state that the defendants No.3 & 4 have
filed their written statements stating inter alia that they are not laying
any claim to a share in the suit premises. They have gone on to state
that though the suit premises was purchased in the name of their
father, it is the defendant No.1 who had funded the purchase of the
property and the said fact was accepted by all the members of the
family. In other words, the defendants No.3 & 4 do not lay any claim
to a share in the suit premises. This leaves the plaintiff and the
defendants No.1 & 2.
3. On the last date of hearing, having regard to the nature of
dispute between the parties, it had been inquired from the counsels for
the parties if they would be willing to submit themselves to mediation.
4. Today, counsels for the parties state, on instructions, that they
have arrived at a settlement, in terms whereof the defendants No.1 &
2 have agreed to pay a sum of `27.00 lacs to the plaintiff towards his
1/5th undivided share in the suit premises, which offer has been duly
accepted by the plaintiff. As for the modality of making the said
payment, it has been agreed by the parties that the defendants No.1 &
2 shall pay a sum of `7.00 lacs to the plaintiff towards the first
instalment on or before 31.5.2015 and the remaining amount of
`20.00 lacs shall be paid in the following manner :
(a) Second instalment of `7.00 lacs shall be paid by the
defendants No.1 & 2 to the plaintiff on or before
30.6.2015.
(b) Third instalment of `7.00 lacs shall be paid by the
defendants No.1 & 2 to the plaintiff on or before 31.7.2015
and
(c) the last and final instalment of `6.00 lacs shall be paid by
the defendants No.1 & 2 to the plaintiff on or before
31.8.2015.
5. The parties have agreed that in case the defendants No.1 & 2
commit any default in making the aforesaid payment to the plaintiff on
or before the dates recorded hereinabove, they shall pay the plaintiff
interest @12% p.a. for the period of default and in case of two
consecutive defaults, the amount already paid shall be forfeited and
the plaintiff shall be entitled to seek revival of the suit.
6. It is further agreed that in view of the settlement arrived at
between the parties and recorded hereinabove, after receiving the
entire agreed amount of `27.00 lacs, the plaintiff would not be left
with any right, title or interest in the suit premises and he shall file an
affidavit in confirmation of the aforesaid settlement. Further, the
parties shall affix their signatures on the today's order sheet in
acknowledgment of the settlement.
7. Counsels for the parties state that in view of the aforesaid
comprehensive settlement arrived at between the parties, nothing
further survives for adjudication in the suit which may be decreed by
declaring that the plaintiff is entitled to 1/5th undivided share in the
suit property and his share has been valued at `27.00 lacs, which
defendants No.1 & 2 have agreed to pay in the manner noted above.
8. Accordingly, with the consent of the parties, the present suit is
decreed by declaring that the plaintiff is entitled to 1/5th undivided
share in the suit premises and towards his 1/5th undivided share, he
has accepted a sum of `27.00 lacs in full and final settlement and after
receiving the said amount, the plaintiff would not be left with any
right, title or interest in the suit premises. An affidavit on the said
lines shall be filed by the plaintiff within four weeks from today.
9. The suit is accordingly decreed, while leaving the parties to bear
their own costs.
10. The suit is disposed of, along with the pending application.
(HIMA KOHLI)
MAY 05, 2015 JUDGE
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