Naresh Kumar vs Arvind Kumar
2015 Latest Caselaw 6821 Del

15
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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       CS(OS) 2033/2014 & IA No.12606/2014 & 19061/2015
        NARESH KUMAR                                      ..... Plaintiff
                         Through Mr.B.B.Gupta, Advocate with plaintiff
                         in person

                         versus

        ARVIND KUMAR                                  ..... Defendant
                         Through Mr.Vishal Bansal, Advocate

        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 10.09.2015

1. Pursuant to the order dated 24.8.2015, on which date, it was

noted that the parties had arrived at a settlement through mediation,

but as there was an ambiguity about defining the exact portions

falling to the share of the parties in the subject premises, counsel for

the plaintiff has filed a site plan, along with IA No.19061/2015.

2. Counsel for the defendant states on instructions that the site

plan filed by the plaintiff, is correct and acceptable to his client.

3. As per the Settlement Agreement dated 3.7.2015, the parties

had agreed that the suit premises shall be divided equally between

them. Counsels for the parties state that the area demarcated in

green colour and shown as B, B-1 and B-2 in the site plan attached as

Annexure P-1 to IA No.19061/2015, shall fall to the share of the

plaintiff and the area demarcated in red colour and marked as A, A-1,

A-2, shall fall to the share of the defendant.

4. It is further stated that under the settlement, the defendant had

agreed to pay a sum of Rs.51,000/- as compensation to the plaintiff.

Counsel for the defendant has handed over a cheque of Rs.51,000/- to

the plaintiff which is duly accepted. The defendant undertakes that

the said cheque shall be duly honoured, on being presented. Counsels

for the parties state that the parties have further agreed that they will

construct a wall, demarcating their respective portions in the suit

premises at their own expense. They state that the parties shall also

exchange the keys of the respective portions with each other within

two days from today.

5. Counsels for the parties state that the suit may be decreed in

terms of the Settlement Agreement dated 3.7.2015, read with the site

plan marked as Annexure P-1 and enclosed with IA No.19061/2015.

6. The Court has perused the Settlement Agreement dated

3.7.2015. The same has been signed by the plaintiff and the

defendant, and their respective counsels as also by the learned

Mediator. The Settlement Agreement dated 3.7.2015 and the site plan

referred to above are taken on record.

7. 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 Settlement Agreement.

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

recorded in the Settlement Agreement dated 3.7.2015, readwith the

site plan marked as Annexure P-1 to IA No.19061/2015, while leaving

the parties to bear their own expenses. Decree Sheet be drawn

accordingly.

9. The suit is disposed of, along with the pending applications.

File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 10, 2015 mk/rkb