Harjinder Singh vs Gurmeet Singh & Ors.
2015 Latest Caselaw 7712 Del

$~7 CCP
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CCP(O)No.113/2013 in CS(OS) 181/2010
      HARJINDER SINGH                           ..... Petitioner
                    Through : Mr. Ankur Mahindro, Advocate with
                    petitioner in person

                        versus

      GURMEET SINGH & ORS.                       ..... Respondents
                   Through : Mr.Akhil Sibal, Advocate with
                   R-1 in person
                   Mr. Akhil Sibal and Mr.Aditya Garg and
                   Mr.N.K.Nayar, Advocates with R-2 in person


      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI


                        ORDER

% 08.10.2015

IA No.20532/2015(by Mr.Gurmeet Singh, respondent No.1 u/S 151 CPC)

1. Mr. Gurmeet Singh(respondent No.1 in the contempt petition

and plaintiff in the suit) has filed the present application stating inter

alia that he is ready to relinquish his 20% undivided share in the suit

premises, in favour of the petitioner(defendant No.1 in the suit)

2. Mr.Sibal, counsel for the respondent No.1 states that on

9.9.2015, the respondent No.1 was present in court and on his

instructions, his counsel had stated that he was willing to pay a sum of

`72,00,000/-(50% of `1,44,00,000/-) to the defendant No.1, to buy

out his 30% undivided share (out of his 60% share) in the suit

premises with a request that the interest on the said amount may be

reduced. On the said date, the petitioner/defendant No.1's counsel had

stated that his client is agreeable to reducing the interest to 10%

instead of 12%. Accordingly, respondent No.1 was directed to file an

affidavit on the aforesaid lines well before the next date of hearing.

Further, the parties were directed to affix their signatures on the order

sheet in confirmation of the settlement recorded on 9.9.2015.

Compliances were duly made as all the parties and their respective

counsels have affixed their signatures on the order sheet.

3. Learned counsel for the respondent No.1 admits that his client

cannot arrange the finances to buy out the 30% undivided share of

the defendant No.1 in the suit premises and instead, offers to

relinquish his 20% undivided share therein, in favour of the defendant

No.1. Incidentally, the respondent No.1 is not in physical possession of

any part of the suit premises.

4. In view of the aforesaid turn of events, the court has interacted

with the respondent No.1 who is present and enquired from him as to

whether he has taken such a decision of his own free will and volition.

Respondent No.1 confirms the fact that he has taken this decision of

his own free will and volition and without any undue influence or

coercion from any quarters and shall stick by it.

5. In view of the averments made in the present application and

the statement of the respondent no.1 as noted above, the application

is allowed. As agreed, 20% undivided share of the

applicant/respondent No.1 (plaintiff in the suit) in the suit premises

shall devolve on the petitioner (defendant No.1 in the suit). On the

basis of the said statement, the petitioner's share in the suit premises

shall increase to 80%. The respondent No.1 shall execute a

Relinquishment Deed in respect of his undivided 20% share in the suit

premises in favour of the petitioner/defendant No.1 within two weeks

from today, with copy placed on record. The expenses incurred for

the registration shall be borne by the petitioner/defendant No.1.

6. The application is allowed and disposed of.

7. The parties shall affix their signatures on the order sheet in

acknowledgement of the orders passed hereinabove

IA No.20533/2015(by Mr.Virender Pal Singh(R-2 in the contempt petition and D-2 in the suit)

1. The present application has been filed by the applicant stating

inter alia that though he had given an undertaking on 9.9.2015, in the

suit proceedings that he was willing to pay `72,00,000/- which is 50%

of `1,44,00,000/-, to the petitioner/defendant No.1 for purchasing half

of his share in the suit, i.e., 30% from out of 60% share therein along

with interest @ 12% p.a. and had further undertaken that he would

pay the first instalment on or before 8.10.2015, it is stated by Mr.

Sibal, learned counsel for the respondent No.2 that he is not in a

financial position to generate the funds to make payment to the

petitioner/defendant No.1. Instead, it is submitted that the applicant is

ready and willing to relinquish his 20% undivided share in the suit

premises in favour of the defendant No.1. The applicant is in

occupation of the first floor of the suit premises, whereas the ground

floor and the second floor are in the possession and occupation of the

petitioner/defendant No.1. The applicant agrees to hand over the

vacant peaceful physical possession of the portion under his

occupation to the petitioner/defendant No.1 by the end of October

2015.

2. Counsel for the petitioner/defendant No.1 states that he has no

objection to the same.

3. In view of the aforesaid turn of events, the court has interacted

with the respondent No.2 who is present and enquired from him as to

whether he has taken this decision of his own free will and volition.

Respondent No.2 confirms that he has taken this decision of his own

free will and volition and without any undue influence or coercion from

any quarters and he will stick by it.

4. In view of the averments made in the present application and

the statement of the respondent no.2 as noted above, the application

is allowed. As agreed, 20% undivided share of the

applicant/respondent No.2 (defendant No.2 in the suit) shall devolve

on the petitioner (defendant No.1 in the suit). On the basis of the said

statement, the petitioner's share in the suit property shall increase to

80%.

5. Respondent No.2 shall execute a Relinquishment Deed in respect

of his undivided 20% share in the suit premises in favour of the

petitioner/defendant No.1 within two weeks from today, with a copy

placed on record. It is agreed between the parties that the expenses

incurred towards registering the Relinquishment Deeds to be executed

by both the applicants shall be borne by the petitioner/defendant

No.1.

6. The application is disposed of.

CCP(O)No.113/2013

1. Learned counsel for the petitioner states that in view of the

orders passed in IAs No.20532 & 20533/2015 whereunder, the

respondents No.1 & 2 have agreed to give up/relinquish their 20%

undivided share each in the suit premises in favour of the petitioner,

he does not wish to press the present petition any further. He

however reserves the right of his client to approach the court in the

event the respondents No.1 & 2 fail to execute the Relinquishment

Deeds in respect of their respective shares in the suit premises, in

favour of the petitioner.

2. Leave, as prayed for, is granted. The petition is disposed of.

HIMA KOHLI, J OCTOBER 08, 2015 mk/ap