Maunicka Makkar & Anr. vs Madalsa Sood
2022 Latest Caselaw 2203 Del

$~1
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                           Date of decision: 18.07.2022

+     RFA(OS) 3/2022 & CM APPL. 4542/2022
      MAUNICKA MAKKAR & ANR.                             ..... Appellants
                         Through:     Mr.Vikrant   N.    Goyal     with
                                      Mr.Saurabh K., Mr.Shikar Sardana,
                                      Mr.Mayank & Mr.Ajay Singh,
                                      Advocates.

                         versus

      MADALSA SOOD                                       ..... Respondent
                         Through:     Mr.Rajat Aneja & Ms.Chandrika
                                      Gupta, Advocates.

      CORAM:

      HON'BLE MR. JUSTICE SURESH KUMAR KAIT
      HON'BLE MR. JUSTICE SAURABH BANERJEE

                         J U D G M E N T (oral)

CM APPL. 31352/2022

1. Present application has been jointly filed by the appellants and the

respondent under Order XXIII Rule 3 read with Section 151 CPC for

recording of the compromise arrived at between the parties.

2. Vide order dated 22.03.2022, the matter was referred to Delhi High

Court Mediation and Conciliation Centre for making an effort to amicably

resolve their disputes.

3. Today, learned counsel for the parties jointly submit that parties inter-

se has already settled their disputes before Delhi High Court Mediation &

Conciliation Centre (SAMADHAN) vide Settlement Agreement dated

09.05.2022. Settlement Agreement is taken on record.

4. In view of above, application is allowed and disposed of.

RFA(OS) 3/2022 & CM APPL. 4542/2022

5. In view of order passed in CM APPL. 31352/2022, present appeal is

disposed of in terms of Settlement Agreement dated 09.05.2022.

6. Needless to say, parties shall be bound by the terms of aforesaid

Settlement Agreement.

7. This court has been informed that the matter has been settled prior

the stage of framing of issues. However, eviction order was passed during

the pendency of the suit.

8. At this stage, learned counsel for the parties pray for refund of entire

Court fee deposited by the appellant in the present appeal and respondents in

CS(OS) 93/2021.

9. Keeping in view of the aforesaid facts, we find that the matter has

been settled at the prior stage of the framing of issues and the fact that the

plaintiff/ respondent herein is 84 years old, widow, we hereby direct the

Registry to refund the entire court fee in favour of the plaintiff/respondent

deposited by her in CS(OS) 93/2021. Registry is further directed to refund

court fee in favour of the appellants herein deposited by them in the present

appeal.

10. Registry is also directed to issue necessary certificates/ authorization

in favour of the plaintiff/respondent of CS(OS) 93/2021 and appellant to

seek refund before the appropriate authorities.

11. In view of above, present appeal and pending application are

accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE

(SAURABH BANERJEE) JUDGE JULY 18, 2022/ab