Delhi High Court
Pawan Kumar Singhal vs Ram Avtar Singhal on 29 September, 2015
36.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1951/2015 & IA No.13574/2015
Decided on 29.09.2015
IN THE MATTER OF:
PAWAN KUMAR SINGHAL ..... Plaintiff
Through : Mr. Mohit Gupta, Advocate
versus
RAM AVTAR SINGHAL ..... Defendant
Through : Ms. Nishtha Garg, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
I.A.20505/2015 (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 present proceedings, the
parties were referred to mediation and pursuant thereto, they have
been able to arrive at a settlement as recorded in the Settlement
Agreement dated 27.8.2015, wherein the plaintiff and the defendant
(brothers) have agreed to partition the suit premises owned by their
deceased father, as detailed in para 1 of the Settlement Agreement.
2. Counsels for the parties state that as per the settlement arrived
at between the parties, the plaintiff shall own and possess the second
and third floors with exclusive roof rights and the defendant shall own
and possess the upper ground and first floor with equal and common
rights over the stilt parking, stair case and common usage of the lift in
the suit property. The other terms and conditions of the settlement
have been set out in paras 2 to 10 of the Settlement Agreement.
Enclosed with the Settlement Agreement as Annexure-A, is the site
plan showing the demarcation of the portions of the plot in question
and the area marked as 'A' reflects that is occupied by Shri Basant Lal
(brother of the father of the parties) and the area marked as 'B' is
stated to be the portion falling to the share of the father of the parties.
3. Counsels for the parties jointly state that the suit may be
decreed in terms of the settlement arrived at between the parties.
4. The Court has perused the application as also the Settlement
Agreement dated 27.8.2015. The same has been signed by the
parties and by their respective counsels, as also by the learned
Mediator. The application is supported by the affidavits of the parties.
5. As the counsels for the plaintiff and the defendants jointly state
that they 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
settlement. The Settlement Agreement dated 27.08.2015 is taken on
record and the parties shall remain bound by the terms and conditions
of the said settlement.
6. The suit is decreed along with the pending application, while
leaving the parties to bear their own expenses. Decree sheet be
drawn accordingly.
7. The suit is disposed of.
8. The date fixed in the case 9th October, 2015 stands cancelled.
(HIMA KOHLI)
SEPTEMBER 29, 2015 JUDGE
sk/rkb
