Alka Datt vs Dr Arti Sharma
2015 Latest Caselaw 3864 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+                              CS(OS) 2973/2011

                                            Date of Decision: 14th May, 2015
IN THE MATTER OF
ALKA DATT                                                   ..... Plaintiff
                               Through : Mr. Lalit Gandharava, Advocate

                               versus

DR ARTI SHARMA                                              ..... Defendant
                               Through : Mr. B. Krishan, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A.No.9452/2015 (by the plaintiff u/O XXIII R-1 CPC)

1. The present application has been filed by the plaintiff stating inter

alia that during the pendency of the present proceedings, the parties have

arrived at an out of court amicable resolution in respect of the suit

premises in accordance with the terms and conditions contained in the

Family Settlement dated 30.4.2015. A copy of the said document has

been enclosed with the present application and is marked as Annexure-A.

2. Counsels for the parties state that as agreed, the defendant has

paid a sum of Rs.1.20 crores to the plaintiff towards her undivided share

in the suit premises and in turn, the plaintiff has executed a sale deed in

favour of the defendant in respect of the said undivided half share.

However, the copy of the sale deed is not on record. Counsel for the

plaintiff states that he shall file a copy thereof within two days.

3. In view of the aforesaid settlement arrived at between the parties,

the plaintiff seeks leave to withdraw the present suit, to which the other

side has no objection.

4. Accordingly, the application is allowed and the suit is disposed of,

while leaving the parties to bear their own costs.

5. The dates already fixed in the suit, i.e., 29th & 30th October, 2015

stand cancelled.

6. File be consigned to the record room.

(HIMA KOHLI) JUDGE MAY 14, 2015 sk/ap