Full Judgment Text
12
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3298/2014
VEENA HANDA & ANR. ..... Plaintiffs
Through : Ms. Manmeet Arora and
Mr.Apoorv Tripathi, Advocates with P-2 in
person
versus
VIJAY KUMAR KHANNA & ORS. ..... Defendants
Through : Mr.Sunil Kadian, Advocate for D-1 &
D-2 with D-1 in person
Ms.Rashmi Verma, Advocate with D-3 in
person
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R
% 21.12.2015
I.A.No.25244/2015 (joint application u/O XXIII R 3 CPC)
1. The present joint application has been filed by the parties stating
inter alia that they have been able to negotiate a settlement through
the Delhi High Court Mediation & Conciliation Centre which has been
reduced into writing vide Settlement Agreement dated 16.11.2015
entered into between the plaintiffs No.1 & 2 and the defendants No.1
to 3 as also the proposed purchaser of the suit premises, one
Ms. Nutan Jain.
2. Counsels for the parties state that at the time of filing the
CS(OS) 3298/2014 Page 1 of 4
present application, it was considered necessary to seek impleadment
of the proposed purchaser of the suit premises for the reason that
some of the obligations undertaken by the parties and recorded in the
Settlement Agreement dated 16.11.2015, were to be discharged by
15.1.2016. However, after the last date of hearing, all the obligations
proposed to be undertaken by the parties qua each other and qua the
proposed purchaser have been discharged thus leaving only the
execution and registration of the sale deed in favour of the purchaser.
3. The plaintiffs and the defendants No.1 & 2 and 3 have
undertaken to abide by the terms and conditions of the Settlement
Agreement dated 16.11.2015 and co-operate with the proposed
purchaser for purposes of execution and registration of the sale deed
in respect of the suit premises in her favour.
4. It is stated that the plaintiffs No.1 & 2 and defendant No.3 were
th
entitled to 1/5 undivided share in the suit premises that has been
valued at Rs.13 lacs each and the defendants No.1 & 2 are collectively
th
entitled to 2/5 undivided share in the suit premises which has been
valued at Rs.26 lacs. Counsel for the defendants No.1 & 2 clarifies that
the defendant No.2 (sister) has already executed a Relinquishment
th
Deed in respect of her 1/5 undivided share in the suit premises, in
favour of the defendant no.1. Counsels for the parties confirm that
CS(OS) 3298/2014 Page 2 of 4
their clients have received the entire amount payable by the proposed
purchaser and now nothing further is due or payable towards their
respective shares in the suit premises. Counsels for the parties state
that the Settlement Agreement dated 16.11.2015 may be taken on
record and the suit be decreed in terms thereof.
5. Learned counsel for the plaintiffs states that initially, it was
agreed that the proposed purchaser will hand over post dated cheques
worth Rs.26 lacs to the defendants No.1 & 2, but subsequently, the
said post dated cheques have been substituted with three pay orders,
all dated 15.12.2015 totalling to Rs.26 lacs which are handed over to
the defendant No.1 through counsel and duly accepted. The parties
have agreed that they shall appear before the Sub-Registrar for
purposes of execution and registration of the sale deed in respect of
the suit premises in favour of the proposed purchaser on
rd
23 December, 2015, at 10.00AM.
6. The Court has perused the present application. The same has
been signed by the parties as also the proposed purchaser, Ms.Nutan
Jain and their respective counsels and is supported by the affidavits of
the signatories to the application. Enclosed with the application is a
copy of the Settlement Agreement dated 16.11.2015 (original thereof
has been placed in part-I file). The same has been signed by the
CS(OS) 3298/2014 Page 3 of 4
parties to the suit and the proposed purchaser and their respective
counsels as also the learned Mediation.
7. As learned counsels for the plaintiffs and the defendants jointly
state that the parties have arrived at the aforesaid settlement of their
own free will and volition and without any undue influence or coercion
from any quarters, there appears no legal impediment in accepting the
settlement. The parties shall remain bound by the terms and
conditions of the settlement recorded in the application.
8. The suit is decreed in terms of the settlement arrived at and
recorded in the application and the Settlement Agreement dated
16.11.2015, while leaving the parties to bear their own costs. Decree
sheet be drawn accordingly.
9. The suit is disposed of.
File be consigned to the record room.
HIMA KOHLI, J
DECEMBER 21, 2015
mk/ap
CS(OS) 3298/2014 Page 4 of 4
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3298/2014
VEENA HANDA & ANR. ..... Plaintiffs
Through : Ms. Manmeet Arora and
Mr.Apoorv Tripathi, Advocates with P-2 in
person
versus
VIJAY KUMAR KHANNA & ORS. ..... Defendants
Through : Mr.Sunil Kadian, Advocate for D-1 &
D-2 with D-1 in person
Ms.Rashmi Verma, Advocate with D-3 in
person
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R
% 21.12.2015
I.A.No.25244/2015 (joint application u/O XXIII R 3 CPC)
1. The present joint application has been filed by the parties stating
inter alia that they have been able to negotiate a settlement through
the Delhi High Court Mediation & Conciliation Centre which has been
reduced into writing vide Settlement Agreement dated 16.11.2015
entered into between the plaintiffs No.1 & 2 and the defendants No.1
to 3 as also the proposed purchaser of the suit premises, one
Ms. Nutan Jain.
2. Counsels for the parties state that at the time of filing the
CS(OS) 3298/2014 Page 1 of 4
present application, it was considered necessary to seek impleadment
of the proposed purchaser of the suit premises for the reason that
some of the obligations undertaken by the parties and recorded in the
Settlement Agreement dated 16.11.2015, were to be discharged by
15.1.2016. However, after the last date of hearing, all the obligations
proposed to be undertaken by the parties qua each other and qua the
proposed purchaser have been discharged thus leaving only the
execution and registration of the sale deed in favour of the purchaser.
3. The plaintiffs and the defendants No.1 & 2 and 3 have
undertaken to abide by the terms and conditions of the Settlement
Agreement dated 16.11.2015 and co-operate with the proposed
purchaser for purposes of execution and registration of the sale deed
in respect of the suit premises in her favour.
4. It is stated that the plaintiffs No.1 & 2 and defendant No.3 were
th
entitled to 1/5 undivided share in the suit premises that has been
valued at Rs.13 lacs each and the defendants No.1 & 2 are collectively
th
entitled to 2/5 undivided share in the suit premises which has been
valued at Rs.26 lacs. Counsel for the defendants No.1 & 2 clarifies that
the defendant No.2 (sister) has already executed a Relinquishment
th
Deed in respect of her 1/5 undivided share in the suit premises, in
favour of the defendant no.1. Counsels for the parties confirm that
CS(OS) 3298/2014 Page 2 of 4
their clients have received the entire amount payable by the proposed
purchaser and now nothing further is due or payable towards their
respective shares in the suit premises. Counsels for the parties state
that the Settlement Agreement dated 16.11.2015 may be taken on
record and the suit be decreed in terms thereof.
5. Learned counsel for the plaintiffs states that initially, it was
agreed that the proposed purchaser will hand over post dated cheques
worth Rs.26 lacs to the defendants No.1 & 2, but subsequently, the
said post dated cheques have been substituted with three pay orders,
all dated 15.12.2015 totalling to Rs.26 lacs which are handed over to
the defendant No.1 through counsel and duly accepted. The parties
have agreed that they shall appear before the Sub-Registrar for
purposes of execution and registration of the sale deed in respect of
the suit premises in favour of the proposed purchaser on
rd
23 December, 2015, at 10.00AM.
6. The Court has perused the present application. The same has
been signed by the parties as also the proposed purchaser, Ms.Nutan
Jain and their respective counsels and is supported by the affidavits of
the signatories to the application. Enclosed with the application is a
copy of the Settlement Agreement dated 16.11.2015 (original thereof
has been placed in part-I file). The same has been signed by the
CS(OS) 3298/2014 Page 3 of 4
parties to the suit and the proposed purchaser and their respective
counsels as also the learned Mediation.
7. As learned counsels for the plaintiffs and the defendants jointly
state that the parties have arrived at the aforesaid settlement of their
own free will and volition and without any undue influence or coercion
from any quarters, there appears no legal impediment in accepting the
settlement. The parties shall remain bound by the terms and
conditions of the settlement recorded in the application.
8. The suit is decreed in terms of the settlement arrived at and
recorded in the application and the Settlement Agreement dated
16.11.2015, while leaving the parties to bear their own costs. Decree
sheet be drawn accordingly.
9. The suit is disposed of.
File be consigned to the record room.
HIMA KOHLI, J
DECEMBER 21, 2015
mk/ap
CS(OS) 3298/2014 Page 4 of 4