Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1854/2014
HARPREET KAUR ..... Plaintiff
Through: Mr.Y.R.Sharma, Advocate
versus
SURINDER SINGH & ORS ..... Defendants
Through: Mr.Sudhir Kumar, Advocate for
Defendants No. 2 and 3.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R
% 21.07.2016
IA No.25635/2015 (under Order XXIII Rule 3 CPC)
1. The present application has been filed by the plaintiff stating, inter
alia, that during the pendency of the suit proceedings, she has been able to
negotiate a settlement with her siblings, i.e., defendants No. 2 and 3 in
respect of the properties, partition whereof has been prayed for in the suit.
2. Learned counsel for the plaintiff and the defendants No.2 and 3 jointly
state that two properties, subject matter of the present suit, bearing No. T-22,
Plot No.4, Gaushalla Marg, Ratan Nagar, New Rohtak Road, New Delhi-
110005 and the roof of the second floor of property bearing No. 8586,
Khanna Building, Tibbia College, New Rohtak Road, Karol Bagh, New
Delhi-110005, were owned by Sh. Surinder Singh (father of the parties).
Smt. Anup Kaur, wife of Sh.Surinder Singh and the mother of the plaintiff
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and defendants No.2 and 3 had expired intestate on 25 November, 2013.
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Sh. Surinder Singh (defendant No.1) had expired on 29 March, 2015. The
parties have now agreed that the plaintiff and defendants No.2 and 3, the
CS(OS) 1854/2014 Page 1 of 2
surviving legal heirs would be entitled to one-third share each in the two suit
premises. The mode and manner of partitioning the suit premises has been
set out in the Settlement Deed dated 5.10.2015 and a copy thereof has been
enclosed with the present application and is marked as EX-A. A copy of the
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Relinquishment deed executed by the defendant No.2 on 22 September,
2015 in favour of his sisters, i.e., the plaintiff and the defendant No.3 has
also been enclosed with the present application and is marked as EX-B.
3. Learned counsels for the parties state that the present suit may be
decreed in accordance with the terms and conditions of the settlement
recorded in the Settlement Deed dated 5.10.2015.
4. The Court has pursued the present application. Though the application
has not been signed by the defendants No. 2 and 3, however, it is supported
by the affidavits of the plaintiff and the defendants No. 2 and 3. Counsel
appearing for the defendants No. 2 and 3 also affirms the fact that the parties
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have arrived at a settlement as recorded in the Settlement Deed dated 5
October, 2015 and thereafter, nothing survives for adjudication in the
present suit.
5. Accordingly, the application is allowed and disposed of. The suit is
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decreed in terms of the Settlement Deed dated 5 October, 2015, leaving the
parties to bear their own expenses.
6. The suit is disposed of.
HIMA KOHLI, J
JULY 21, 2016/sv
CS(OS) 1854/2014 Page 2 of 2