Mr Arshdeep Singh Arora vs Mr Manpreet Singh Arora & Ors
2016 Latest Caselaw 5280 Del

$~17
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2/2016 & IA No.52/2016 and 9479/2016
       MR ARSHDEEP SINGH ARORA                          ..... Plaintiff
                    Through : Mr. Niti Kantawala, Advocate

                          versus

       MR MANPREET SINGH ARORA & ORS            ..... Defendants
                   Through : Mr. Vikas Nagpal, Advocate for D-1.
                   Mr. Dhruv Grover, Advocate for D-3.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 10.08.2016

1. Pursuant to the parties being referred to the Delhi High Court Mediation and Conciliation Centre, a Settlement Agreement dated 31.3.2016 has been placed on record. The terms and conditions of the settlement have been recorded in para 8 of the Settlement Agreement.

2. Counsels for the parties state that the suit may be decreed in terms of the settlement arrived at between the parties, by declaring that the plaintiff and the defendants No.1 and 3 are entitled 1/4th share each in the suit premises, including the land beneath the built up structure. It has further been agreed that the first floor of the suit premises shall fall to the share of the plaintiff and the defendant No.1 jointly and the ground floor shall fall to the share of the defendant No.2 and 3 jointly.

3. The plaintiff and defendants No.1 and 3 admit that the second floor along with the roof rights of the suit premises are exclusively owned by the

defendant No.2 by virtue of a gift deed executed in his favour by his mother, during her lifetime. The remaining terms and conditions of the settlement have been set out in para 8(i) to (vi) of the Settlement Agreement dated 31.3.2016.

4. The Court has perused the Settlement Agreement dated 31.3.2016. The terms and conditions of the settlement are set out in paras 8 thereof. The Settlement Agreement has been signed by the plaintiff and the defendants and their respective counsel as also by the learned Mediator.

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 is taken on record and the parties shall remain bound by the terms and conditions of the said settlement.

6. The suit is decreed in terms of the settlement arrived at between the parties and recorded in the Settlement Agreement dated 31.03.2016, while leaving the parties to bear their own expenses.

7. File be consigned to the record room.

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

HIMA KOHLI, J AUGUST 10, 2016 sk/rkb