Sh Krishan Kumar Aggarwal vs Mrs Sudhershana Tayal
2015 Latest Caselaw 8458 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2429/2015
       SH KRISHAN KUMAR AGGARWAL                      ..... Plaintiff
                     Through : Mr. N.N. Aggarwal, Advocate

                       versus

       MRS SUDHERSHANA TAYAL                      ..... Defendant
                    Through : Mr. Amit Chadha, Advocate


      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 06.11.2015 I.A. 23585/2015 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the

parties stating inter alia that during the pendency of the present

proceedings, they have arrived at an out of court settlement as

recorded in the Settlement Agreement dated 12.10.2015, the terms

and conditions whereof are set out in para 12.

2. The parties are related to each other being brother and sister

and have arrived at a settlement through mediation. Counsels for the

plaintiff and the defendant jointly state the suit may be decreed in

terms of the settlement.

3. Under the Settlement Agreement, the defendant has

acknowledged the plaintiff to be the sole and absolute owner of the

suit property bearing No.M-26, Greater Kailash Part-I, New Delhi, by

virtue of the Award dated 27.12.1979, passed by the Sole Arbitrator

and made rule of the Court by the High Court of Kenya at Nairobi, vide

judgment and decree dated 18.7.1980.

4. Counsel for the defendant states that he has no objection to the

plaintiff enjoying the suit premises as he may deem fit.

5. The Court has pursued the present application. The same has

been signed by the plaintiff and the defendant and their respective

counsels. The application is supported by the affidavits of the

signatories to the application. The Settlement Agreement dated

12.10.2015, the original whereof has been forwarded by the Delhi

High Court Mediation & Conciliation Centre, also bears the signatures

of the plaintiff and the defendant and their respective counsels as also

by the learned Mediator.

6. As counsels for the plaintiff and the defendant 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

settlement. The parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

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

recorded in the Settlement Agreement, while leaving the parties to

bear their own costs. Decree sheet be drawn accordingly.

8. The suit is disposed of.

9. The date already fixed in the case, i.e.,10.12.2015 stands

cancelled.

10. File be consigned to the record room.

HIMA KOHLI, J NOVEMBER 06, 2015 sk/ap