Chaman Lal vs Khazani Devi & Ors
2015 Latest Caselaw 7903 Del

$~35.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2406/2014
      CHAMAN LAL                                    ..... Plaintiff
                        Through: Mr. Arvind Kumar, Advocate with
                        plaintiff in person.

                        versus

      KHAZANI DEVI & ORS                         ..... Defendants
                     Through: Mr. Chandra Bhan, Advocate for D-1,
                     4-7 and 12-14 with D-1 in person.
                     Ms. Sneha Upadhay, Advocate for D-2 and 3
                     with D-2 to D-3 in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 14.10.2015

I.A. 21948/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint 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 negotiated settlement.

2. The plaintiff has instituted the present suit for partition of an

immovable property bearing No.16/417, I-Block, Bapa Nagar, Karol

Bagh, New Delhi, measuring 80 sq. yards, against his siblings,

defendants No.1 to 4 and the legal heirs of his pre-deceased brothers,

defendants No.5 to 7, defendants No.8 to 10 and defendants No.11 to

14.

3. Counsels for the parties state that as per the out of court

settlement arrived at between them, the defendants No.1 to 3 have

released their 1/8th undivided share each in the suit property that was

owned by Smt. Hanso Devi, mother of the plaintiff and defendants

No.1 to 4, who had died intestate in the year August, 1995, leaving

behind the parties to the suit as the class I/II heirs, in favour of their

brothers and the legal heirs of their deceased brothers. As a result, the

plaintiff, defendant No.4, the legal heirs of Shri Om Prakash,

defendants No.5 to 7 together, the legal heirs of Shri Ved Prakash,

defendants No.8 to 11 together and the legal heirs of Shri Bodh Raj,

defendants No.12 to 14 together are entitled to 1/5th share each in the

suit property. The affidavits of the defendants No.1 to 3 have been

closed with the present application at pages 20 to 25. The affidavits of

the remaining parties to the suit have also filed in support of the

present application.

4. Counsels for the defendants No.1, 4 to 7 and 12 to 14 and the

defendants No.2 and 3 confirm the fact that all the parties have

arrived at an out of court settlement of their own free will and volition

and without any undue influence or coercion from any quarters and

request that the suit be decreed accordingly.

5. As counsels for the parties jointly state that all the parties 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 said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the application.

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

recorded in the present application, while leaving the parties to bear

their own expenses. Decree sheet be drawn accordingly.

7. The suit is disposed of alongwith the pending application.

8. File be consigned to the Record Room.

HIMA KOHLI, J OCTOBER 14, 2015 rkb/ap