Full Judgment Text
3#, 4#, 7# & 9# $~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
st
% Decided on: 21 July, 2017
+ CS(OS) 524/2009
RAKESH CHADHA @ RAKESH PALJEE CHADHA..... Plaintiff
Represented by: Mr. Mohit Jolly, Advocate.
versus
KAMAL CHADHA ..... Defendant
Represented by: Ms. Sonali Malhotra and Mr.
Amit Sanduja, Advocates.
+ CS(OS) 1883/2009
KAMAL PALJEE CHADHA ..... Plaintiff
Represented by: Ms. Sonali Malhotra and Mr.
Amit Sanduja, Advocates.
versus
RAKESH PALJEE CHADHA AND OTHERS E+ ..... Defendants
Represented by: Mr. Mohit Jolly, Advocate.
+ TEST.CAS. 96/2008
SHRI KAMAL PALJEE CHADHA ..... Petitioner
Represented by: Mr. Amit Sanduja, Advocate.
versus
THE STATE & OTHERS ..... Respondents
Represented by: Mr. Mohit Jolly, Advocate for
respondent Nos. 2 to 4.
+ TEST.CAS. 73/2013
RAKESH CHADHA @ RAKESH
PALIJEE CHADHA ..... Petitioner
Represented by: Mr. Mohit Jolly, Advocate.
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 1 of 6
versus
THE STATE & ORS ..... Respondents
Represented by: Mr. Amit Sanduja, Advocate
for respondent Nos. 2 to 4.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
CS(OS) 524/2009, CS(OS) 1883/2009 and I.A. No. 2965/2017 (under
Order XXIII Rule 3 CPC) and TEST.CAS. 96/2008 and TEST.CAS.
73/2013 and I.A. No. 8947/2016
1. In CS (OS) No. 524/2009 filed by Rakesh Chadha @ Rakesh Paljee
Chadha impleading Kamal Chadha as defendant, a decree of permanent
injunction in favour of the plaintiff and against the defendant is prayed for
restraining the defendant, his family members, agents, assignees, attorneys
etc. from dispossessing the plaintiff therein from property bearing Industrial
Plot No. J-7, admeasuring 1200 sq. yards situated at Udyog Nagar, Peera
Garhi, New Delhi and restraining defendant from selling, transferring,
disposing off or creating any third party interest in the suit property.
2. In CS (OS) No.1883/2009 Kamal Paljee Chadha prays for a decree of
partition in respect of factory premises bearing No. J-7, Udyog Nagar, Peera
Garhi, New Delhi in his favour and against Rakesh Paljee Chadha,
impleaded as defendant No. 1 and Anuradha Sabharwal impleaded as
defendant No. 2. Decree of injunction is also sought restraining the
defendants from creating any third party interest.
3. In the two testamentary cases filed, one by Kamal Paljee Chadha and
other by Rakesh Paljee Chadha, probate/letter of administration in respect of
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 2 of 6
the estate of the deceased Shri Dharampal Chadha, their father on the basis
st th
of the two Wills dated 21 March, 2005 and 12 April, 2005 is sought.
st
4. Later Dharampal Chadha passed away on 1 May, 2005 and his wife
st
Smt. Raj Kumar Chadha passed away on 21 January, 2012. The estate of
Dharampal Chadha comprised of (a) Plot No. J-7, Udyog Nagar, Peera
Garhi, New Delhi and (b) Residential House bearing No. C-564, New
Friends Colony, New Delhi-110065. During the pendency of the two suits
and the two testamentary cases parties were referred to Delhi High Court
Mediation and Conciliation Centre and a settlement agreement has been
entered into between the parties,by virtue of which the estate of deceased
has been divided between Kamal Paljee Chadha and Rakesh Paljee Chadha.
Mrs. Anuradha Sabharwal, their sister claims no share in the suit properties.
The terms of the settlement between the parties are as under:
â8. The following settlement has been arrived at between the
parties hereto:
a) That the party of the second part will be the sole and
exclusive owner of Industrial Plot No. J-7, Udyog Nagar,
Peera Garhi, New Delhi and the party of the first part and
the party of the third part have got nothing to do with the
same;
b) That the property bearing No. C-564, New Friends Colony,
New Delhi-110065 consists of basement floor, Ground
Floor, First Floor, Second Floor and Terrace Floor;
i. That the basement floor, Ground Floor and Second
Floor of property bearing no. C-564, New Friends
Colony, New Delhi-110065 will be owned solely and
exclusively owned by the party of the First part and the
party of the second part and the party of the third part
have got nothing to do with the same;
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 3 of 6
ii. That the first floor of property bearing no. C-564, New
Friends Colony, New Delhi-110065 will be solely and
exclusively owned by the party of the Second part and
the party of the First part and the party of the third
part have got nothing to do with the same.
iii. That the terrace Floor of the property bearing No. C-
564, New Friends Colony, New Delhi-110065 shall be
owned jointly by both the party of the First part and
the party of the Second Part in equal shares and the
party of the third part have got nothing to do with the
same.
c) That the Party of the Third Part have got nothing to do with
the properties bearing no. Industrial Plot no. J-7, Udyog
Nagar, Peera Garhi, New Delhi and property bearing no.
C-564, New Friends Colony, New Delhi-110065 and has
given up all her claims in favour of the party of the First
Part and Second Part. The party of the third part shall sign
necessary documents giving up her right in favour of the
party of the first part and second part as above, if so
required.
d) That the parties to the settlement has agreed to the present
settlement out of their own free will and accord;
e) That in view of the above settlement, the party of the first
part and party of the second part shall withdraw Test Cas
No. 73/2013 and Test Cas No.96/2008.
f) That the parties to the settlement agree that they will put to
an end to all the litigation pending between the parties and
in view of the settlement arrived between the parties and
they will not file any new case [s] against each other w.r.t.
properties bearing no. Industrial Plot no. J-7, Udyog
Nagar, Peera Garhi, New Delhi and property bearing no.
C-564, New Friends Colony, New Delhi-110065.
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 4 of 6
g) That the party of the first part owns solely and exclusive a
property bearing no. 8A/28 WEA, Channa Market, Pusa
Road, New Delhi-110005 in his name and the party of the
second part and the party of the third part have got nothing
to do with the same. The party of the Third Part has given
up her claim in favour of the party of the First Part.
h) That the party of the second part owns solely and exclusive
a property bearing no. 504, Deepshika Building, Rajendra
Place, New Delhi in his name and the party of the first part
and the party of the third part have got nothing to do with
the same;
i) That the parties to the settlement will not claim any share in
respect of the property owned individually between the
parties.
j) It is agreed between the parties to the present settlement
agreement that all the four above mentioned cases shall be
disposed of in terms of the present settlement agreement.
5. Shri Kamal Paljee Chadha, Shri Rakesh Paljee Chadha and Ms.
Anuradha Sabharwal are present in Court and are duly identified by their
counsels. They state that they have entered into the settlement agreement
st
dated 21 October, 2016 before the Delhi High Court Mediation and
Conciliation Centre of their own free will, volition without any coercion and
they will act on the said settlement agreement and comply with its terms.
Shri Kamal Paljee Chadha, Shri Rakesh Paljee Chadha and Ms. Anuradha
Sabharwal have signed the order sheet in acknowledgement of their
statements made above.
6. Since parties have settled the matter as noted above, CS (OS) Nos.
524/2009 and 1183/2009 are decreed in terms of settlement above noted.
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 5 of 6
The decree sheet will incorporate the terms of the settlement arrived at
between the parties.
7. Learned counsels for the petitioners in TEST.CAS. Nos. 96/2008 and
73/2013 seek leave to withdraw the same.
8. Test Cas. Nos. 96/2008 and 73/2013 are dismissed as withdrawn.
9. Since the two suits have been disposed of in terms of settlement
arrived at between the parties, I.A. No. 2965/2017 (under Order XXIII Rule
3 CPC) in CS (OS) 1883/2009 is disposed off as such.
10. I.A. No. 8947/2016 in Test Cas No. 73/2013 is disposed of as
infructuous as parties were referred to mediation and they have entered into
a settlement.
(MUKTA GUPTA)
JUDGE
JULY 21, 2017
âvnâ
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 6 of 6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
st
% Decided on: 21 July, 2017
+ CS(OS) 524/2009
RAKESH CHADHA @ RAKESH PALJEE CHADHA..... Plaintiff
Represented by: Mr. Mohit Jolly, Advocate.
versus
KAMAL CHADHA ..... Defendant
Represented by: Ms. Sonali Malhotra and Mr.
Amit Sanduja, Advocates.
+ CS(OS) 1883/2009
KAMAL PALJEE CHADHA ..... Plaintiff
Represented by: Ms. Sonali Malhotra and Mr.
Amit Sanduja, Advocates.
versus
RAKESH PALJEE CHADHA AND OTHERS E+ ..... Defendants
Represented by: Mr. Mohit Jolly, Advocate.
+ TEST.CAS. 96/2008
SHRI KAMAL PALJEE CHADHA ..... Petitioner
Represented by: Mr. Amit Sanduja, Advocate.
versus
THE STATE & OTHERS ..... Respondents
Represented by: Mr. Mohit Jolly, Advocate for
respondent Nos. 2 to 4.
+ TEST.CAS. 73/2013
RAKESH CHADHA @ RAKESH
PALIJEE CHADHA ..... Petitioner
Represented by: Mr. Mohit Jolly, Advocate.
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 1 of 6
versus
THE STATE & ORS ..... Respondents
Represented by: Mr. Amit Sanduja, Advocate
for respondent Nos. 2 to 4.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
CS(OS) 524/2009, CS(OS) 1883/2009 and I.A. No. 2965/2017 (under
Order XXIII Rule 3 CPC) and TEST.CAS. 96/2008 and TEST.CAS.
73/2013 and I.A. No. 8947/2016
1. In CS (OS) No. 524/2009 filed by Rakesh Chadha @ Rakesh Paljee
Chadha impleading Kamal Chadha as defendant, a decree of permanent
injunction in favour of the plaintiff and against the defendant is prayed for
restraining the defendant, his family members, agents, assignees, attorneys
etc. from dispossessing the plaintiff therein from property bearing Industrial
Plot No. J-7, admeasuring 1200 sq. yards situated at Udyog Nagar, Peera
Garhi, New Delhi and restraining defendant from selling, transferring,
disposing off or creating any third party interest in the suit property.
2. In CS (OS) No.1883/2009 Kamal Paljee Chadha prays for a decree of
partition in respect of factory premises bearing No. J-7, Udyog Nagar, Peera
Garhi, New Delhi in his favour and against Rakesh Paljee Chadha,
impleaded as defendant No. 1 and Anuradha Sabharwal impleaded as
defendant No. 2. Decree of injunction is also sought restraining the
defendants from creating any third party interest.
3. In the two testamentary cases filed, one by Kamal Paljee Chadha and
other by Rakesh Paljee Chadha, probate/letter of administration in respect of
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 2 of 6
the estate of the deceased Shri Dharampal Chadha, their father on the basis
st th
of the two Wills dated 21 March, 2005 and 12 April, 2005 is sought.
st
4. Later Dharampal Chadha passed away on 1 May, 2005 and his wife
st
Smt. Raj Kumar Chadha passed away on 21 January, 2012. The estate of
Dharampal Chadha comprised of (a) Plot No. J-7, Udyog Nagar, Peera
Garhi, New Delhi and (b) Residential House bearing No. C-564, New
Friends Colony, New Delhi-110065. During the pendency of the two suits
and the two testamentary cases parties were referred to Delhi High Court
Mediation and Conciliation Centre and a settlement agreement has been
entered into between the parties,by virtue of which the estate of deceased
has been divided between Kamal Paljee Chadha and Rakesh Paljee Chadha.
Mrs. Anuradha Sabharwal, their sister claims no share in the suit properties.
The terms of the settlement between the parties are as under:
â8. The following settlement has been arrived at between the
parties hereto:
a) That the party of the second part will be the sole and
exclusive owner of Industrial Plot No. J-7, Udyog Nagar,
Peera Garhi, New Delhi and the party of the first part and
the party of the third part have got nothing to do with the
same;
b) That the property bearing No. C-564, New Friends Colony,
New Delhi-110065 consists of basement floor, Ground
Floor, First Floor, Second Floor and Terrace Floor;
i. That the basement floor, Ground Floor and Second
Floor of property bearing no. C-564, New Friends
Colony, New Delhi-110065 will be owned solely and
exclusively owned by the party of the First part and the
party of the second part and the party of the third part
have got nothing to do with the same;
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 3 of 6
ii. That the first floor of property bearing no. C-564, New
Friends Colony, New Delhi-110065 will be solely and
exclusively owned by the party of the Second part and
the party of the First part and the party of the third
part have got nothing to do with the same.
iii. That the terrace Floor of the property bearing No. C-
564, New Friends Colony, New Delhi-110065 shall be
owned jointly by both the party of the First part and
the party of the Second Part in equal shares and the
party of the third part have got nothing to do with the
same.
c) That the Party of the Third Part have got nothing to do with
the properties bearing no. Industrial Plot no. J-7, Udyog
Nagar, Peera Garhi, New Delhi and property bearing no.
C-564, New Friends Colony, New Delhi-110065 and has
given up all her claims in favour of the party of the First
Part and Second Part. The party of the third part shall sign
necessary documents giving up her right in favour of the
party of the first part and second part as above, if so
required.
d) That the parties to the settlement has agreed to the present
settlement out of their own free will and accord;
e) That in view of the above settlement, the party of the first
part and party of the second part shall withdraw Test Cas
No. 73/2013 and Test Cas No.96/2008.
f) That the parties to the settlement agree that they will put to
an end to all the litigation pending between the parties and
in view of the settlement arrived between the parties and
they will not file any new case [s] against each other w.r.t.
properties bearing no. Industrial Plot no. J-7, Udyog
Nagar, Peera Garhi, New Delhi and property bearing no.
C-564, New Friends Colony, New Delhi-110065.
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 4 of 6
g) That the party of the first part owns solely and exclusive a
property bearing no. 8A/28 WEA, Channa Market, Pusa
Road, New Delhi-110005 in his name and the party of the
second part and the party of the third part have got nothing
to do with the same. The party of the Third Part has given
up her claim in favour of the party of the First Part.
h) That the party of the second part owns solely and exclusive
a property bearing no. 504, Deepshika Building, Rajendra
Place, New Delhi in his name and the party of the first part
and the party of the third part have got nothing to do with
the same;
i) That the parties to the settlement will not claim any share in
respect of the property owned individually between the
parties.
j) It is agreed between the parties to the present settlement
agreement that all the four above mentioned cases shall be
disposed of in terms of the present settlement agreement.
5. Shri Kamal Paljee Chadha, Shri Rakesh Paljee Chadha and Ms.
Anuradha Sabharwal are present in Court and are duly identified by their
counsels. They state that they have entered into the settlement agreement
st
dated 21 October, 2016 before the Delhi High Court Mediation and
Conciliation Centre of their own free will, volition without any coercion and
they will act on the said settlement agreement and comply with its terms.
Shri Kamal Paljee Chadha, Shri Rakesh Paljee Chadha and Ms. Anuradha
Sabharwal have signed the order sheet in acknowledgement of their
statements made above.
6. Since parties have settled the matter as noted above, CS (OS) Nos.
524/2009 and 1183/2009 are decreed in terms of settlement above noted.
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 5 of 6
The decree sheet will incorporate the terms of the settlement arrived at
between the parties.
7. Learned counsels for the petitioners in TEST.CAS. Nos. 96/2008 and
73/2013 seek leave to withdraw the same.
8. Test Cas. Nos. 96/2008 and 73/2013 are dismissed as withdrawn.
9. Since the two suits have been disposed of in terms of settlement
arrived at between the parties, I.A. No. 2965/2017 (under Order XXIII Rule
3 CPC) in CS (OS) 1883/2009 is disposed off as such.
10. I.A. No. 8947/2016 in Test Cas No. 73/2013 is disposed of as
infructuous as parties were referred to mediation and they have entered into
a settlement.
(MUKTA GUPTA)
JUDGE
JULY 21, 2017
âvnâ
CS(OS) Nos. 524/2009 & 1883/2009 and TEST.CAS. No. 96/2008 & 73/2013 Page 6 of 6