Delhi High Court
Mr Raj Kumar Gupta vs Ms Bimla Aggarwal & Ors on 2 September, 2016
$~31.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 175/2016 and I.A. 4610-4611/2016, CAV. 326-327/2016
MR RAJ KUMAR GUPTA ..... Plaintiff
Through: Mr. Arun Aggarwal, Advocate with
plaintiff in person.
versus
MS BIMLA AGGARWAL & ORS ..... Defendants
Through; Mr. Rajendramal Tatia, Advocate for
D-1 to D-6 with D-1, D-2 and D-5 in person.
Mr. Praduman Kumar Aggarwal, Advocate for
D-7 to D-12 with D-8 in person.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 02.09.2016
I.A. 10738/2016 (joint application u/S 151 CPC)
1. The present suit has been instituted by the plaintiff, who claims to be
a class II heir of late Shri Jatin Krishan Gupta, for partition and permanent
injunction of the amounts lying in his bank account maintained with State
Bank of India, Azad Market, Delhi and three immovable properties, namely,
residential premises bearing No.11/13, Sarva Priya Co-operative House
Building Society Ltd., Sarvpriya Vihar, New Delhi, measuring 239 sq.
yards, 50% undivided share in a commercial unit bearing No.FF-17 situated
on the first floor of a Commercial complex, known as Gold Souk at Block
C, Sushant Lok, Phase-I, and premises No.1689, Dariba Kalan, Chandani
Chowk, Delhi.
2. The present application has been jointly filed by the parties who are
all family members stating inter alia that vide order dated 18.04.2016, they
were referred to mediation and have been able to arrive at a comprehensive
settlement in terms of the Settlement Agreement dated 23.05.2016,
forwarded by the Delhi High Court Mediation and Conciliation Centre.
3. The terms and conditions arrived at between the parties to the suit
have been set out in para 6 of the Settlement Agreement. Para 6(1) deals
with the manner in which property bearing No.11/13, Sarvpriya Vihar, New
Delhi shall be divided amongst the parties. Para 6(2) deals with the manner
in which 50% undivided share in property No.FF-17, First Floor, Gold Souk
shall be divided amongst the parties. Para 6(3) deals with settlement arrived
at between the parties with regard to property bearing No.1689, Dariba
Kalan, Delhi.
4. The parties have agreed that the cash amount lying in the saving bank
account of Shri Jatin Krishan Gupta maintained with the State Bank of India,
Azad Market, Delhi, wherein defendant No.12 had been named as a
nominee, shall be utilised for payment of the court fee etc. in respect of two
immovable properties and the surplus amount shall be enjoyed by the
defendant No.12, to the exclusion of all others. Rest of the terms and
conditions have been set out in paras 5 to 10 of the Settlement Agreement.
5. The Court has perused the present application and the Settlement
Agreement dated 23.05.2016. The Settlement Agreement has been signed by
all the parties to the suit, their respective counsels as also the learned
Mediator. The present application has also been signed by all the parties to
the suit and is duly supported by their affidavits.
6. 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 settlement. The parties shall remain bound by
the terms and conditions of the settlement recorded in the Settlement
Agreement dated 23.05.2016.
7. The suit is decreed in terms of the settlement recorded in the
Settlement Agreement dated 23.05.2016, while leaving the parties to bear
their own costs. Decree sheet be drawn accordingly.
8. It is clarified that in the event the parties are unable to give effect to
the Settlement Agreement as per the terms and conditions recorded
hereinabove, the aggrieved parties shall be entitled to seek execution of the
judgment and decree, as per law.
9. The suit is disposed of alongwith the pending application.
HIMA KOHLI, J
SEPTEMBER 02, 2016
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