Kishan Chand vs Tejbhan & Anr
2017 Latest Caselaw 3788 Del

$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI


%                                 Judgment delivered on: 31.07.2017
+       CS(OS) 1526/2012

KISHAN CHAND                                                    ..... Plaintiff

                                  versus
TEJBHAN & ANR                                               ..... Defendant
Advocates who appeared in this case:

For the Plaintiff      :   Mr. Gurmehar S. Sistani, Advocate.
For the Defendant      :   Mr. Rajendra Singhvi, Adv. for D-1
                           Mr. Anshu Mahajan, Adv. for D-2
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

31.07.2017 SANJEEV SACHDEVA, J. (ORAL)

IA No.8586/2017 (under Order XXIII Rules 1 and 3 CPC)

1. The plaintiff has filed the present suit for partition and permanent injunction. The plaintiff and the defendants are brothers and sons of late Sh. Jagat Ram.

2. The parties have filed the application under Order XXIII Rules 1 and 3 CPC. The application is signed by the parties and is supported by their affidavits.

3. The parties were referred to Mediation.

4. During the process of mediation, the parties have settled their disputes and executed the Settlement Agreement dated 15.05.2017.

5. The parties pray that the decree of partition be passed in terms of the Settlement agreement.

6. In view of the above the application is allowed.

CS(OS) 1526/2012

1. Parties have settled their disputes and executed the Settlement Agreement dated 15.05.2017. The settlement agreement is signed by the plaintiff and the defendants as well as their counsel. Plaintiff and the defendants are present in Court and are identified by their respective counsel. Parties confirm their signatures on the settlement agreement. The settlement agreement dated 15.05.2017 is exhibited as Exb C-1.

2. The parties pray that the decree of partition be passed in terms of paragraphs 7A, 7B, 7C and 8 to 11 of the Settlement agreement Exb C-1.

3. I have perused the terms of the settlement and find them to be lawful.

4. In view of the above, the suit is decreed in terms of paragraphs 7A, 7B, 7C and 8 to 11 of the Settlement agreement Exb C-1. Settlement agreement Exb C-1 shall form part of the decree.

5. Decree sheet be prepared accordingly.

6. The next date 02.08.2017 before the Joint Registrar is cancelled.

7. Order Dasti under signatures of the Court Master.

JULY 31, 2017                          SANJEEV SACHDEVA, J
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