Avnija Ahluwalia (Minor) vs Bikramjit Ahluwalia & Ors.
2017 Latest Caselaw 5709 Del

$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 13.10.2017
+       CS(OS) 2202/2011
        AVNIJA AHLUWALIA(MINOR)                                   ..... Plaintiff

                             versus

        BIKRAMJIT AHLUWALIA & ORS. F+                      ..... Defendants

Advocates who appeared in this case:

For the Petitioner           : Mr. Manav Gupta with Ms. Esha Dutta,
                                 Advocates.
.
For the Respondent           :   Mr. Piyush Gupta, Advocate.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                  JUDGMENT

13.10.2017

CS(OS) 2202/2011 & IA No.11838/2012 (under Order XXIII Rule 1 CPC) & IA No.11839/2017 (under Order XXXII Rules 6 & 7 CPC)

1. The present suit has been filed by the plaintiff for declaration, partition and rendition of accounts.

2. Pending the above suit, the parties were referred to mediation by order dated 30.08.2017, passed in FAO(OS) 14/2017. Parties have settled their disputes through the process of mediation and the

Settlement Agreement dated 25.09.2017 has been entered into.

3. Since the parties were referred to mediation by the above referred order of the Division Bench, the Settlement Agreement was produced before the Division Bench and, accordingly, by order dated 11.10.2017, the Settlement Agreement has been accepted. Even the undertakings given by the parties to abide by the terms of the settlement has been accepted by the Division Bench.

4. The appeal has been disposed of in terms of the Settlement Agreement dated 25.09.2017.

5. By IA 11829/2017, it is contended that the plaintiff, is a minor and has filed the present suit through her mother and the next friend, and that the mother does not have any interest adverse to the interest of the minor plaintiff.

6. The Division Bench, by order dated 11.10.2017, has already recorded that the terms of settlement are in the welfare and benefit of the minor plaintiff.

7. Mrs. Simran Ahluwalia and Mr. Vikas Ahluwalia are present in Court and they affirm their signatures on the Settlement Agreement dated 25.09.2017.

8. In view of the above, the application being IA 11839/2017 is allowed. Mrs. Simran Ahluwalia, the mother of the plaintiff, is accepted as the guardian of the minor and the properties of the minor.

9. In view of the Settlement Agreement dated 25.09.2017 and the order of the Division Bench dated 11.10.2017 in FA(OS) 14/2017, the application being IA No.11838/2017 is also allowed.

10. The suit is, accordingly, dismissed as withdrawn.

11. Decree Sheet be drawn up accordingly.

12. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 13, 2017 st