Capt (Retd) Inder Bir Singh Uppal ... vs Bhanu Pratap Sharma
2015 Latest Caselaw 3848 Del

$~20.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 3213/2014


     CAPT (RETD) INDER BIR SINGH UPPAL AND ORS..... Plaintiffs
                    Through: Mr. Anil K. Khaware, Advocate with
                    Mr. Pramod Pandey, Advocate and plaintiff
                    No.1 in person.

                       versus


     BHANU PRATAP SHARMA                       ..... Defendant
                   Through: Defendant in person.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 14.05.2015

I.A. 26529/2014 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the present suit, they have

arrived at an amicable settlement in terms of the Settlement

Agreement dated 13.11.2014, a copy whereof has been filed by the

plaintiffs and the defendant under separate indexes dated 19.12.2014

and 11.12.2014 respectively.

2. As per the terms of the settlement recorded in the Settlement

Agreement dated 13.11.2014, the defendant has agreed to sell

property bearing No.C-1, Shivalik, New Delhi, to the plaintiffs for a

total consideration of `3,75,00,000/-. It has been recorded that out of

the aforesaid sale consideration, the defendant had received a sum of

3,50,40,000/- and the balance sum of `24,60,000/- was received by

him at the time of executing the Assignment Deed, GPA, SPA etc. duly

registered in the office of the Sub Registrar.

3. Counsel for the plaintiffs states that the suit may be decreed in

terms of the settlement arrived at and recorded in the Settlement

Agreement.

4. The defendant appears in person. Though he disputes having

entered into a settlement with the plaintiff, he does not dispute having

affixed his signatures on the compromise application and having sworn

the affidavit in support of the said application. He also does not

dispute the fact that a copy of the Settlement Agreement dated

13.11.2014 has been filed by his counsel alongwith other documents,

including a copy of the Settlement Agreement dated 13.11.2014 under

index dated 11.12.2014. Given the above facts, the defendant cannot

be permitted to renege from the settlement arrived at and duly

implemented on execution of the Settlement Agreement, Assignment

Deed, GPA/SPA etc.

5. In view of the aforesaid position, the present application is

allowed. The suit is decreed in terms of the settlement recorded in the

Settlement Agreement dated 13.11.2014, while leaving the parties to

bear their own expenses.

HIMA KOHLI, J MAY 14, 2015 rkb/ap