Sh. Ram Kumar Shokeen vs Sh. Rajpal Shokeen & Anr.
2021 Latest Caselaw 3292 Del

$~11
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                             Date of decision: 02.12.2021

+      CS(OS) 213/2019
       SH. RAM KUMAR SHOKEEN                              ..... Plaintiff
                          Through        Mr.Rajesh Singh Chauhan, Adv.

                          versus

       SH. RAJPAL SHOKEEN & ANR.               ..... Defendants
                     Through  Mr.Aditya Chaudhary, Adv. for
                              Respondent Nos.1 & 2.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

I.A.15848/2021

1. Joint application has been filed on behalf of plaintiff and defendant

nos.1 & 2 under Order XXIII Rule 3 read with Section 151 CPC for passing

the decree of partition in view of the compromise deed dated 17.11.2021

along with site plans annexed thereto.

2. Learned counsel for the plaintiff submits that the dispute between the

parties has been amicably settled and prays that the decree in terms

mentioned in compromise deed dated 17.11.2021 with site plans be issued.

3. In view of the submission of counsel for the plaintiff, application is

allowed and disposed of.

4. Accordingly, compromise deed dated 17.11.2021 along with site

plans be taken on record.

CS(OS) 213/2019

5. The present suit has been filed by the plaintiff seeking partition of

immoveable property under the Partition Act, 1893 and permanent

injunction under Section 38 of the Specific Relief Act, 1963.

6. The plaintiff and defendants are real brothers and are joint owners of

the following suit properties:-

i. The constructed property upon the land admeasuring 927 sq. yds in Khasra No.251-252, Mohalla Pachaya, Near MCD School, Village Chhawla, New Delhi-110071.

ii. The double storey constructed property upon the land admeasuring 199.45 sq. yards in Mohalla Pachaya in Village Chhawla, New Delhi-110071.

iii. The constructed property upon the land admeasuring 81 sq. yards in Mohalla Pachaya in Village Chhawla, New Delhi- 110071.

7. This court is informed that the parties have mutually settled their

disputes and the terms of the settlement have been incorporated in

compromise deed dated 17.11.2021, which is duly signed by both the

sides/parties. The aforesaid compromise deed dated 17.11.2021 has come on

record along with site plans.

8. Learned counsel for the plaintiff submits the terms of settlement are

incorporated in the aforesaid compromise deed dated 17.11.2021 read with

site plans and the present suit be decreed in terms thereof.

9. Learned counsel appearing on behalf of defendants submit that

defendants undertake to abide by the terms of aforesaid compromise deed

dated 17.11.2021 along with site plans.

10. This Court has gone through the contents of the mediated compromise

deed dated 17.11.2021 and find it to be valid and lawful.

11. Accordingly, the present suit is decreed in terms of compromise deed

dated 17.11.2021 read with site plans, which shall form part of decree.

Decree sheet be accordingly drawn.

12. Needless to say, parties shall remain bound by the terms of the

compromise deed dated 17.11.2021 read with site plans.

13. In view of above, present suit is accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE DECEMBER 02, 2021 ab