Rajiv Mehta vs Rashmi Mehta & Ors
2015 Latest Caselaw 8888 Del

$~37
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 3549/2014 & IAs No.23070, 23071/2014 & 10464/2015
       RAJIV MEHTA                                      ..... Plaintiff
                        Through : Plaintiff in person

                        versus

       RASHMI MEHTA & ORS                         ..... Defendants
                     Through : Ms. Deepti Kathpalia, Advocate for
                     the defendants with D-1 in person

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 30.11.2015

IA No.24581/2015(by plaintiff u/S 151 CPC)

1. The present application has been filed by the plaintiff through

Ms.Deepti Kathpalia, Advocate stating inter alia that he may be

granted leave to withdraw the suit on the ground that all the litigations

between the parties, including the present suit have been amicably

resolved through out of court settlement, recorded in Memorandum of

Understanding dated 16.9.2015, a copy whereof has been enclosed

with the present application and marked as Annexure-A.

2. Learned counsel states that the dispute in the present suit is

between the plaintiff and the defendant No.1(husband and wife) and

the defendant No.2 (mother of the defendant no. 1) and the

defendants No.3 & 4 (brother and sister-in-law of the defendant No.1).

She submits that the plaintiff had instituted the present suit for

possession in respect of property bearing No.C-57, Greater Kailash-I,

New Delhi and for recovery of money etc. against the defendants

which forms a part of the settlement recorded in the Memorandum of

Understanding dated 16.9.2015 and in terms of the said settlement,

with the consent of the defendants the plaintiff has disposed of the

suit property. Therefore, nothing further survives for adjudication in

the present suit.

3. Ms. Kathpalia, Advocate clarifies that initially she was appearing

for the defendants, but both sides had reposed faith in her to facilitate

a settlement and therefore, she has filed the present application as the

counsel for the plaintiff to which the defendants have no objection.

Defendant no. 1 who is present in court confirms the said position. The

plaintiff and the defendant no. 1 also confirm the fact that they have

amicably resolved all their disputes and differences, as detailed in the

MOU dated 16.9.2015.

4. In view of the submission made hereinabove, the present

application is allowed. The Memorandum of Understanding dated

16.9.2015 is taken on record. The parties shall remain bound by the

terms and conditions recorded therein.

5. The suit is dismissed as withdrawn, along with pending

applications, while leaving the parties to bear their own expenses.

6. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have arrived at an out of court settlement

prior to the stage of framing of issues, the plaintiff is entitled to claim

refund of 50% of the court fees in terms of Section 16-A of the Court

Fees Act.

7. In view of the aforesaid submission made by the counsel for the

plaintiff, the Registry is directed to issue a certificate in favour of the

plaintiff for refund of 50% of the court fees, as per law.

File be consigned to the record room.

HIMA KOHLI, J NOVEMBER 30, 2015 mk/ap