Harchand Singh vs Narinder Kaur & Ors
2015 Latest Caselaw 8574 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 3721/2014
       HARCHAND SINGH                                 ..... Plaintiff
                    Through : Mr. K.G. Bansal, Advocate

                        versus

       NARINDER KAUR & ORS                        ..... Defendants
                     Through : Mr. H.K. Singh, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 18.11.2015 I.A.23701/2015 (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 suit, they

have arrived at an out of court settlement.

2. Counsels for the parties state that apart from the seven

defendants, arrayed in the present suit, late Lt. General Ajit Singh was

survived by other legal heirs and the details of all the legal heirs,

including the parties herein have been set out in para 4 of the

application. They submit that late Lt. General Ajit Singh was the owner

of two immovable properties and shares and securities, as detailed in

para 2 of the application and he had executed a will dated 5.1.2007 in

respect of all his movable and immovable assets, which were duly

registered in the office of the Sub-Registrar VII, New Delhi. By virtue

of the settlement recorded in the present application, all the parties

have agreed to distribute the movable and immovable assets of the

deceased in the manner detailed in para 5 of the application.

3. Counsels for the parties jointly state that the suit may be

disposed of in terms of the Deed of Family Settlement dated

5.10.2015, a copy whereof is handed over by the counsels for the

parties and taken on record.

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

been signed by the plaintiff and the defendants, apart from the legal

heirs of late Lt. General Ajit Singh who are not parties to the suit and

by the respective counsels. The application is supported by the

affidavits of the signatories to the application.

5. As counsels for the plaintiff and the defendants 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 as also in the

Deed of Family Settlement dated 5.10.2015.

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

bear their own costs.

7. At this stage, counsels for the parties request that Test. Case

No.42/2015 filed by the defendant No.5 herein has to be withdrawn by

him in terms of the Deed of Family Settlement dated 5.10.2015. They

request that the file of the said case may be summoned so that it can

be withdrawn.

8. Registry is directed to circulate a second supplementary list in

respect Test. Case No.42/2015, for today.

9. The date already fixed in the case, i.e., 15.12.2015 stands

cancelled.

10. File be consigned to the record room.

HIMA KOHLI, J NOVEMBER 18, 2015 sk/ap