Delhi High Court
Lalit Puri vs Sanjay Puri on 15 March, 2018
8
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1999/2013 & I.As. 21732/2015, 6779/2017, 7539/2017 AND
7560/2017
LALIT PURI ..... Plaintiff
Through: Mr Lalit Gupta, Advocate with
Mr. Sidharth Arora, Advocate with
Mr. Lalit Puri, plaintiff in person.
versus
SANJAY PURI ..... Defendant
Through: Mr. Dinesh Agnani, Senior Advocate
with Ms. Diksha Bhatia and Mr. Ishaan
Chawla, Advocates with Mr. Sanjay
Puri, defendant in person.
% Date of Decision: 15th March, 2018
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present suit has been filed for partition, possession, rendition of
accounts, permanent and mandatory injunction.
2. The defendant is the younger brother of the plaintiff.
3. On 29th November, 2017, it was agreed between the parties that the
plaintiff shall divide the properties in issue in two equal lots and the right to
choose first shall be given to the defendant.
4. On 15th December, 2017, the plaintiff prepared the two lots along with
the site plans as well as proposed terms of settlement.
5. Vide reply dated 22nd December, 2017, the defendant in accordance with
plaintiff's proposal dated 15th December, 2017, exercised his right of first
choice and chose lot No.1 which consisted of the following:-
(a) 3/4 Rani Jhansi Road, New Delhi-110055, Ground Floor area
marked in Red in attached Plan number one.
(b) Flat No.611 located in Arunachal Building, Barakhamba Road,
New Delhi.
(c) Land owned by Late Subhashini Puri, comprising land at village
Dhana Chuli, Tehsil Dhari, District Nainital, land measuring 13
nalies and 8 metres.
6. Thereafter, the matter was adjourned on two occasions.
7. Today, learned counsel for plaintiff insists that the wife of defendant
should sign the proposed terms of settlement in token of her acceptance to
withdraw the criminal proceedings including FIR No.207/2017 registered with
Police Station Paharganj, Delhi. He points out that though the wife of
defendant was present at the first call, she is not present at the second call.
8. It transpires during the hearing that the following criminal proceedings
are also pending between the parties:
(a) Criminal Complaint case filed under Section 200 Cr.P.C. by the
wife of the defendant. The same is pending adjudication before the
Court of Ms. Neha Paliwal, Metropolitan Magistrate, Central
District, Tis Hazari Courts, Delhi.
(b) A Kalandra under Sections 107 and 150 Cr.P.C. before the
Special Executive Magistrate, Central District, Police Station
Kamla Market, Delhi.
9. Mr. Dinesh Agnani, learned senior counsel for defendant, on instructions
of the defendant, who is personally present in Court, assures and undertakes to
this Court that the criminal proceedings and/or FIR that have been filed by the
defendant as well as by his wife shall be got quashed and/or withdrawn by
signing all requisite undertakings/affidavits/petitions within a period of eight
weeks from today provided the plaintiff forwards the joint quashing petitions
within a period of one week. Defendant for himself and on behalf of his wife
further undertakes to personally appear for making necessary statements in this
regard. It is made clear that in case the defendant or his wife commit default
in this regard, then this settlement as per lots will be treated as annulled.
10. Parties further agree that in so far as payment of court fee and stamp
duty etc. is concerned, plaintiff will pay 52.5% for Rani Jhansi Road property
and defendant will pay 47.5% share for this property. For all other properties,
defendant alone shall pay entire court fee, stamp duty, registration charges etc.
for drawing up and registration of final decree for partition.
11. Parties further agree that each of them shall have absolute rights of use
and ownership with regard to the properties falling to their respective share as
per their lots.
12. Learned counsel for plaintiff also assures this Court that the plaintiff
shall cooperate with the defendant in quashing/withdrawal of the aforesaid
Kalandra.
13. The statements/undertakings given by learned counsel for parties are
accepted by this Court and parties are held bound by the same.
14. At this stage, both the learned counsel pray that the present suit be
decreed in accordance with the lots as well as the site plans and the terms of
settlement as filed by the plaintiff on 15th December, 2017 and as accepted by
the defendant on 22nd December, 2017.
15. As a matter of abundant precaution, the parties have signed today each
page of the plaintiff's proposal containing the two lots, site plans and the terms
of settlement.
16. Consequently, the present suit is decreed in accordance with the
plaintiff's proposal dated 15th December, 2017 and the defendant's acceptance
dated 22nd December, 2017, copies of which are marked as Ex.C-1 and Ex.C-2
(Colly). Registry is directed to prepare a decree sheet in terms thereof.
17. It is clarified that the plaintiff's proposal dated 15th December, 2017 as
well as the defendant's acceptance dated 22nd December, 2017 and the
statements/undertakings given by both the learned counsel today shall form a
part of the decree.
MANMOHAN, J
MARCH 15, 2018
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