Delhi High Court
Nomita Bhatia vs Kiran Batta on 6 November, 2015
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1942/2015
NOMITA BHATIA ..... Plaintiff
Through : Mr. Neeraj Yadav, Advocate
versus
KIRAN BATTA ..... Defendant
Through : Mr. Sidharth Gupta, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 06.11.2015
I.A. 23581/2015 (exemption)
Subject to the applicants filing the original/typed copies of the
documents annexed with the plaint within four weeks, the application
is allowed and disposed of.
IA No.23580/2015 (joint application u/O XXIII R-1 & 3 CPC)
1. The present application has been jointly filed by the parties
stating inter alia that pursuant to the parties being referred to
mediation, they have arrived at a settlement.
2. The plaintiff has instituted the present suit for partition and
permanent injunction against her sister in respect of the ground floor
and basement of the property bearing No.4 in Block A, Diplomatic
Enclave Cooperative Housing Building Society Limited, known as
Westend Colony, New Delhi, owned by the mother of the parties.
3. During the pendency of the present suit, the parties were
referred to mediation and pursuant thereto, a Settlement Agreement
dated 28.10.2015 has been executed by them, the terms and
conditions whereof are set out in para 9. Enclosed with the Settlement
Agreement is a site plan marked as Annexure-A.
4. It is stated in the Settlement Agreement that the built up portion
on the ground floor shown in blue colour in the site plan shall belong
to the plaintiff and the white portion shall belong to the defendant.
For the sake of convenience, the portion marked in blue colour has
been marked as "Flat No.1" and the portion in white has been marked
as "Flat No.2" in the site plan. Counsels for the parties jointly state
that the basement is already divided into half with a partition wall and
it has been agreed that such of the area of the basement that falls
under Flat No.1 shall fall to the share of the plaintiff and the area that
falls under Flat No.2, shall fall to the share of the defendant. They
request that the Settlement Agreement be taken on record and the
suit be disposed of.
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
28.10.2015, 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
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 taking the same on
record. The parties shall remain bound by the terms and conditions of
the settlement.
7. The suit is disposed of.
8. The date already fixed in the case, i.e.,10.12.2015 stands
cancelled.
9. File be consigned to the record room.
HIMA KOHLI, J
NOVEMBER 06, 2015
sk/mk
