Smt. Harjit Kaur vs Smt. Jasbir Kaur & Ors.
2015 Latest Caselaw 4111 Del

$~15.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1262/2009
      SMT. HARJIT KAUR                                ..... Plaintiff
                     Through: None

                        versus

      SMT. JASBIR KAUR & ORS.                      ..... Defendants
                     Through: Mr. Israel Ali, Advocate for D-1.
                     Mr. Sanjeev Singh, Advocate for D-2
                     Mr. R.P. Sharma, Advocate with Mr. Vaibhav
                     Mehra, Advocate for D-3 and D-4.
                     Mr. Dinesh Garg, Advocate with Ms. Rachna
                     Agarwal, Adv. for proposed defendant/builder.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 21.05.2015

1. On 18.09.2013, with the consent of the parties, a preliminary

decree was drawn with a direction that the Memorandum of Family

Settlement dated 29.08.2013, will form a part of the preliminary

decree.

2. Counsels for the parties state that the preliminary decree may

be converted into a final decree and the parties be left to work out the

family settlement on their own.

3. In view of the fact that the parties have arrived at a family

settlement that has been reduced into writing by virtue of the

Memorandum of Family Settlement and based on the said document, a

preliminary decree has been passed in respect of the suit premises,

with the consent of the parties, the preliminary decree is converted

into a final decree, while leaving them to give effect to the terms and

conditions of the Memorandum of Family Settlement, as recorded

therein.

4. Needless to state that if the parties are unable to implement the

conditions stipulated in the Memorandum of Family Settlement for any

reason, they shall be entitled to seek execution of the judgment and

decree, in accordance with law.

5. Decree Sheet be drawn up accordingly.

6. The suit is disposed of, while leaving the parties to bear their

own costs.

HIMA KOHLI, J MAY 21, 2015 rkb