Delhi High Court
Alok Mahajan vs D P Mahajan & Ors on 24 July, 2018
$~6.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EFA(OS) 11/2018 and CM APPL. 27003/2018
ALOK MAHAJAN ..... Appellant
Through: Mr. Ravi Gupta, Senior Advocate with
Mr. Rajesh Arya, Advocate and petitioner in
person.
versus
D P MAHAJAN & ORS ..... Respondents
Through: Mr. T.K. Ganju, Senior Advocate with
Mr. Pragyan Pradip Sharma, Ms. Anandini Kumari
and Mr. Mudit P. Makhijani, Advocates for R-1
and R-2.
Ms. Anusuya Sadhu Sinha, Ms. Priyanka Sharma
Goswami and Ms. Amrita Sharma, Advocates for
R-3 and R-4.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 24.07.2018
1. The appellant (Judgment Debtor No.1 in EX.P. 25/2018) is aggrieved
by the orders dated 22.05.2018 and 23.05.2018 passed by the learned Single
Judge in EX.P. 25/2018 filed by the respondents No.1 and 2 (parents)
against the appellant (son), respondent No.3 (daughter) and respondent No.4
(son).
2. Arguments have been addressed at some length by Mr. Ravi Gupta,
Senior Advocate appearing for the appellant, who is also present in Court. In
the course of arguments, having regard to the fact that the dispute is between
family members and the respondents No.1 and 2 are super-senior citizens,
aged 89 and 83 years, we had enquired from learned counsels for the parties
in the pre-lunch session if their clients were willing to negotiate an amicable
settlement with each other so as to draw the curtains on this litigation.
3. After some negotiations, with the assistance of the counsels for the
parties, the parties have arrived at the following settlement:-
(i) It is agreed that the appellant and his family members comprising of
his wife, two daughters and a son shall continue to occupy the first
floor of the suit premises, namely, premises No.E-185, Greater
Kailash-I, New Delhi, upto 31.12.2018.
(ii) The appellant and his family members and anyone claiming through
them, shall hand over vacant peaceful possession of the first floor of
the suit premises to the respondent No.3 on or before 31.12.2018.
(iii) For a period upto 31.12.2018, the respondent No.3 shall not seek
execution of the warrants of possession issued against the appellant on
23.07.2018, in the execution proceedings.
(iv) Besides regularly clearing the electricity and water charges, the
appellant shall pay the use and occupation charges in respect of the
first floor of the suit premises @ Rs.40,000/- per month to the
respondent No.3. The charges at the above mentioned rate for the
months of June and July, 2018 shall be paid by the appellant to the
respondent No.3 on or before 31.07.2018 and w.e.f. August, 2018, the
said charges shall be paid by him through cheques on or before the
7th day of each calendar month.
(v) The appellant undertakes that the cheques towards the use and
occupation charges tendered to the respondent No.3 shall be honoured
as and when presented and in the event, any of the said cheques
bounce, he shall pay simple interest @10% p.a. for the period of
default.
(vi) The parties agree that immediately on the appellant handing over
vacant peaceful possession of the first floor of the suit premises to the
respondent No.3 against acknowledgment, he shall file an affidavit to
the said effect in the execution proceeding alongwith an application
praying for release of the sum of Rs.1,80,00,000/- lying in the
Registry in an FDR, in terms of the final decree and order dated
23.05.2018, alongwith the proportionate interest accrued thereon.
(vii) In view of the settlement arrived at with the respondents, the appellant
shall take steps to withdraw RFA(OS) 4/2018 and 21/2018 filed by
him and pending in this Court, within one week from today.
(viii) The parties agree that till the date the appellant hands over vacant
peaceful possession of the suit premises to the respondent No.3,
which shall be on or before 31.12.2018, he shall be entitled to
continue using the drawing room, kitchen and the laundry area on the
ground floor of the suit premises. The appellant undertakes that in this
duration, no inconvenience/disturbance/harassment shall be caused by
him and/or his family members to the respondents No.1 and 2.
(ix) The appellant shall furnish a list of furniture and other movables
owned by him and lying on the ground floor of the suit premises to
the respondents No.1 and 2 through counsel by tomorrow, for
finalization and he undertakes that the said articles shall be removed
by him on or before 31.12.2018.
(x) The parties agree that on expiry of the aforesaid period, on the
respondent No.3 approaching the appellant for executing a Sale Deed
in her favour, in respect of his share in the suit premises, he shall
render all necessary cooperation and appear before the Registrar of
Assurances as and when called.
(xi) It is further agreed that in the event, the appellant declines to execute
the Sale Deed as noted above, for any reason whatsoever or fails to
co-operate with the respondent No.3, she shall be at liberty to
approach the Court Commissioner for execution of the Sale Deed, in
terms of the order dated 23.07.2018, passed in the execution
proceedings.
(xii) The parties agree that they shall file their respective affidavits
confirming the terms and conditions of the settlement recorded
hereinabove within one week from today, while exchanging copies
with each other. Apart from his affidavit, the appellant shall ensure
that each of his family member files their respective affidavits,
undertaking to abide by the terms and conditions of the settlement
recorded hereinabove.
4. We have made it clear to the appellant that in the event he reneges
from any of the terms and conditions of settlement recorded hereinabove,
besides other remedies available in law to the respondents for seeking
enforcement of the above terms and conditions of the settlement, he shall
also be liable for contempt of court proceedings.
5. In token of acceptance of the terms and conditions of the settlement
recorded hereinabove, the parties and/or their respective counsels shall affix
their signatures in the margin of the order sheet.
6. The appeal is disposed of alongwith the pending application.
HIMA KOHLI, J
REKHA PALLI, J
JULY 24, 2018
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