Delhi High Court
Jai Kishan Aggarwal vs Suresh Chander & Ors on 3 September, 2015
$~7.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2368/2011
JAI KISHAN AGGARWAL ..... Plaintiff
Through: Ms. Risha Mittal, Advocate
versus
SURESH CHANDER & ORS ..... Defendants
Through: Mr. Vineet Mehta, Advocate for D-2.
Mr. T.C. Sanduja, Advocate for D-3.
Mr. Rajeev Kumar, Advocate with Mr.Iqbal
Singh, Advocate for D-5.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 03.09.2015
I.A. 14036/2015 (by the plaintiff u/O XXII R 4 CPC)
1. The present application has been filed by the plaintiff stating
inter alia that the parties were referred to mediation to negotiate a
settlement in respect of the present suit for partition, permanent and
mandatory injunction instituted by him against his siblings and the
matter had got settled before the Mediation Centre on 27.01.2015.
Thereafter, on 27.02.2015, defendant No.5 had passed away and she
is survived by two class I heirs, i.e., her husband and a son, whose
details have been furnished in para 3 of the application. A prayer is
made to implead the legal heirs of the deceased defendant No.5 in
her place.
2. Counsels for the non-applicants/defendants state that they do
not have any objection to the present application being allowed.
3. For the reasons stated in the application, the same is allowed.
The legal heirs of the deceased defendant No.5 are permitted to be
brought on record. The amended memo of parties filed alongwith the
present application shall be placed in part I file.
4. The application is disposed of.
I.A. 14035/2015 (by the plaintiff u/O I R 10 CPC)
1. The present application has been filed by the plaintiff praying
inter alia for impleadment of Shri Manish Aggarwal (son of the
plaintiff) and Mr. Gaurav Aggarwal and Mr. Vijay Aggarwal (sons of the
defendant No.1) as parties in the present suit on the ground that they
are signatories to the Settlement Agreement dated 27.01.2015
executed between the parties.
2. Counsels for the non-applicants/defendants state that they do
not have any objection to the present application being allowed.
3. For the reasons stated in the application, the same is allowed.
Mr. Manish Aggarwal is permited to be impleaded as a co-plaintiff and
Mr. Gaurav Aggarwal and Mr. Vijay Aggarwal are permitted to be
impleaded as co-defendants. Fresh amended memo of parties shall be
filed within two days with copies to the other side.
4. The application is disposed of.
CS(OS) 2368/2011 and I.A. 15320/2011, 3215/2012
1. Counsels for the parties state that after they were referred to
the Delhi High Court Mediation and Conciliation Centre, they have
been able to arrive at a settlement, whereunder they have agreed to
sell the immovable property bearing No.G-46, Naraina Vihar, New
Delhi and divide the sale proceeds amongst them in the manner
mentioned in para 6(a) of the Settlement Agreement. The remaining
terms and conditions of the settlement have been set out in the very
same para. Counsels for the parties state that the suit may be
decreed in terms of the settlement recorded in the Settlement
Agreement dated 27.01.2015.
2. The Court has heard the counsels for the parties and perused
the Settlement Agreement dated 27.01.2015. The same has been
signed by the parties to the suit, their respective counsels and the
learned Mediator.
3. As counsels for the parties 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 said settlement. The
parties shall remain bound by the terms and conditions of the
settlement recorded in the application.
4. The suit is decreed in terms of the settlement recorded in the
Settlement Agreement dated 27.01.2015, while leaving the parties to
bear their own expenses. Decree sheet shall be drawn accordingly.
5. The suit is disposed of, along with the pending applications.
6. File be consigned to the record room.
HIMA KOHLI, J
SEPTEMBER 03, 2015
rkb/ap
