Delhi High Court
Desh Vaid @ Desh Bhagat Vaid vs Umesh Kumar Vaid & Others on 18 October, 2016
$~42.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3129/2015
% Judgment dated 18th October, 2016
DESH VAID @ DESH BHAGAT VAID ..... Plaintiff
Through : Mr.J.S. Mann, Adv. along with
plaintiff.
versus
UMESH KUMAR VAID & OTHERS ..... Defendants
Through : Ms.Sakshi Vaid, Adv. for defendants
no.1, 3 to 10 along with defendants
no.1 and 3 to 7.
Mr.K.K. Prasad, Adv. for defendant
no.2.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
I.A. 12686/2016
1.
This is a joint application filed by parties seeking early hearing in the
matter on the ground that the parties have arrived at an amicable
settlement before the Delhi High Court Mediation and Conciliation
Centre.
2. Heard. Having regard to the fact that the parties have arrived at an
amicable settlement, present application is allowed. The matter will be
taken up today itself. The date of 16.11.2016 stands cancelled.
3. Application stands disposed of.
CS(OS) 3129/2015
4. Plaintiff has filed the present suit for partition with consequential relief
of permanent injunction with respect to the property bearing no.G-
16/2A, Rajouri Garden, New Delhi.
5. All the parties, except defendant no.2 and defendants no.8, 9 and 10,
are present in Court today. Defendant no.7 is the Power of Attorney
Holder of defendants no.8, 9 and 10, to represent them, sign and verify
the Family Settlement on their behalf. A copy of the Special Power of
Attorney dated 31.8.2016 executed by defendants no.8 to 10 in favour
of defendant no.7 has been placed on record.
6. Learned counsel for the parties as also the plaintiff and defendants no.1
and 3 to 7 submit that the parties to the present suit have arrived at an
amicable settlement before the Delhi High Court Mediation and
Conciliation Centre on 5.9.2016. The Settlement Report dated 5.9.2016
has been placed on record, which is marked as Exhibit P-1. It is further
submitted that a Family Settlement has also been executed between the
parties, which is duly signed by the plaintiff, defendants no.1 to 6 and
defendant no.7 for himself and on behalf of defendants no.8 to 9 on
5.9.2016. The Family Settlement is marked as Exhibit P-2. The
plaintiff and defendants no.3 to 6 identify their signatures on the
Settlement Report and Family Settlement, Exhibits P-1 and P-2,
respectively. Defendant no.7 also identifies his signature and signatures
of defendants no.8 to 10 on the Settlement Report and Family
Settlement. Counsel for defendant no.2 also identify the signature of
defendant no.2 on the Settlement Report and Family Settlement.
7. It is submitted that the parties have carefully read and understood the
terms of settlement and the settlement agreement has been entered into
without any coercion, pressure or influence. It is also jointly submitted
that in addition to the terms of Family Settlement dated 5.9.2016
(Exhibit P-2), it is further agreed that in case the suit property is not
sold within six months or during the extended period, either of the
parties would be entitled to approach the Court seeking execution of the
decree in accordance with law.
8. Heard. Having regard to the submissions made and taking into
consideration that the parties have arrived at an amicable settlement,
present suit stands decreed in terms of Exhibits P-1, Exhibit P-2 and in
terms of the above agreed additional term. Let a decree sheet be drawn
up accordingly.
9. The Court appreciates the efforts put in by the counsel for the parties,
the parties and the learned Mediator in early resolution of the matter.
I.A. 21839/2015 (O XXXIX R 1 & 2 CPC)
10. Application stands disposed of in view of the order passed above.
G.S.SISTANI, J
OCTOBER 18, 2016
msr
