Delhi High Court
Madhu Khandelwal vs M/S Bishamber Dayal Badri Prasad & ... on 22 September, 2017
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22.09.2017
+ CS(OS) 476/2011
MADHU KHANDELWAL ..... Plaintiff
versus
M/S BISHAMBER DAYAL BADRI
PRASAD & ORS ..... Defendants
Advocates who appeared in this case:
For the Plaintiff : Plaintiff in person.
For the Defendants : Mr. Tanmay Nagar, Adv. for D-1,2, 3
&4
Mr. Ashish Aggarwal and Mr. G.
Hora, Advs. for D-8 to 11 with
defendant no. 8 to 11 in person.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
22.09.2017
SANJEEV SACHDEVA, J. (ORAL)
I.A. 11118/2017 (Order XIII, Rule 3 CPC and CS(OS) 476/2011)
1. The plaintiff has filed this suit for declaration, permanent
injunction and cancellation of Sale Deed executed by Smt. Nisha
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Khandelwal, Sh. Narender Khandelwal and Sh. Ayush Khandelwal as
partner of Bishamber Dayal Badri Prasad in favour of defendant no. 8
to 11 with respect to property bearing No. 1/2, Ram Kishore Marg,
Civil Lines, Delhi.
2. The right of defendant no.5 to file written statement was closed
vide order dated 18.03.2013. The plaintiff has settled the suit with
defendant no. 1 to 4 and defendant no. 6 to 11 and a settlement
agreement dated 10.08.2017 has been executed.
3. It is prayed in the application that the suit be decreed in terms
of the settlement agreement dated 10.08.2017. The application is
signed by the plaintiff as well as defendant no. 1 to 4 and defendant
no. 6 to 11 and their counsels.
4. Plaintiff who is present in court submits that no relief is sought
against defendant no. 5 and since the plaintiff does not wish to
proceed against defendant no. 5, the defendant no. 5 is deleted from
the array of parties.
5. In view of the above, the application is allowed. The suit is
taken up for consideration today.
6. The settlement application is supported by an affidavit of
defendant no. 2 to 4 and defendant no. 6 to 11. The defendant no. 2
has deposed in his affidavit also as partner of defendant no. 1. The
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terms of settlement are contained in paragraphs 1 to 13 of the
settlement agreement.
7. The plaintiff as well as defendant no. 2 to 4 and defendant no. 6
to 11 are present in court. They confirm having signed the settlement
agreement. Copy of the settlement agreement has been placed on
record. The settlement agreement dated 10.08.2017 is marked as
Exhibit -C1. It is prayed that the suit be decreed in terms of the
settlement agreement against the defendant no. 1 to 4 and defendant
no. 6 to 11.
8. I have perused the terms of the settlement agreement and find
the same to be lawful.
9. Along with the application, the affidavits of Sh. Ravi Gupta,
Smt. Mahendru Kumari, Sh. Rajiv Gupta and Sh. Sanjay Gupta have
been filed to confirm the settlement agreement Exhibit -C1.
10. In view of the above, the suit is decreed in terms of the
settlement agreement Exhibit - C1 qua plaintiff and defendant no. 1
to 4 and defendant no. 6 to 11. The parties are left together to bear
their own costs. Decree Sheet be drawn up accordingly.
11. Since the suit has been settled prior to the plaintiff's leading
any evidence on the merits of the claim, the plaintiff is entitled to
refund of half of the amount of the court fees paid on the plaint in
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terms of Section 16(A) of the Court Fees Act, 1870 as amended for
the State of Delhi. Registry is directed to issue a certificate to the
plaintiff authorizing the plaintiff to seek a refund of the appropriate
court fees from the concerned authority in accordance with law.
12. The next date of hearing i.e. 27.11.2017 already fixed is hereby
cancelled.
SANJEEV SACHDEVA, J
SEPTEMBER 22, 2017
'rs'
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