Sh. Shashibir Singh Sarang vs Sh. Kanwal Sunir Singh Sarang & ...
2015 Latest Caselaw 4313 Del

$~11.
*        IN THE HIGH COURT OF DELHI AT NEW DELHI
+        CS(OS) 1875/2009
         SH. SHASHIBIR SINGH SARANG                ..... Plaintiff
                        Through: Mr. Ashim Vachhar, Advocate with
                        plaintiff in person.

                           versus

         SH. KANWAL SUNIR SINGH SARANG & OTHERS ..... Defendants
                       Through: Mr. Kuldeep Kumar, Advocate for
                       D-1 and D-4 with D-1 and D-4 in person.
                       Ms. Savita Rustogi, Advocate for D-2 with D-2
                       in person.
                       Mr. K.K. Sharma, Advocate for D-3 with D-3 in
                       person.
         CORAM:
         HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 27.05.2015

I.A. 11739/2015 (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 and another

suit, registered as CS(OS) 1356/1994, instituted by the defendant

No.2 in respect of the suit premises bearing No.C-108, South

Extension, Part-2, New Delhi, they have arrived at an out of court

settlement and the said settlement has been reduced into writing by

virtue of a Memo of Understanding-cum-Compromise dated

23.05.2015 that has been enclosed with the present application and

marked as Annexure-A.

2. Learned counsels for the parties state that the parties have

agreed that they shall co-operate with each other in getting the

existing built up structure on the aforesaid premises demolished and

reconstructed through a builder for which, a separate Collaboration

Agreement has been executed by the parties with the builder. They

submit that in view of the settlement arrived at and recorded in the

Memo of Understanding-cum-Compromise dated 23.05.2015, nothing

further survives for adjudication in the present suit, which may be

decreed accordingly. Counsels for the parties add that though the

defendants No.2 and 3 were proceeded against ex-parte in the present

suit vide order dated 06.09.2011, they are also signatories to the

present application. The defendants No.2 and 3 are present and are

duly identified by the remaining parties.

3. The Court has heard the counsels for the parties and examined

the averments made in the application. The same has been signed by

the parties alongwith their respective counsels and is duly supported

by the affidavits of the signatories. Enclosed with the application is a

photocopy of the Memo of Understanding-cum-Compromise dated

23.05.2015 that has also been signed by the parties to the suit and

two other parties, namely, Mr. Shahzad Zafar Ali and Mrs. Nikhat

Shahzad Zafar Ali, described as the owners/occupants of the first floor

of the suit premises, who have also agreed to abide by the terms of

the compromise recorded in the document and are stated to be parties

in CS(OS)1356/1994, wherein a separate compromise application has

been filed. Learned counsels state that the aforesaid application is

listed today before the Bench presided over by Jayant Nath, J. and the

terms and conditions of the settlement are identical.

4. As counsels for the parties jointly state that their clients 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 said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the Memo of Understanding-cum-Compromise

dated 23.05.2015(Annexure A).

5. The suit is decreed in terms of the settlement arrived at and

recorded in the Memo of Understanding-cum-Compromise dated

23.05.2015 while leaving the parties to bear their own expenses.

6. File be consigned to the record room.

HIMA KOHLI, J MAY 27, 2015 rkb