Monika Durga v. Hirdesh Duga

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 120/2014 MONIKA DURGA ..... Plaintiff Through Mr.Atul T.N.Nath, Adv. with plaintiff in person versus HIRDESH DUGA ..... Defendant Through Mr.Sanyam Khetripal, Ms.Praggya Srivastava and Mr.Armaan Grover, Advs. with defendant in person

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 31.01.2018 IA No.649/2018 This application is filed jointly by the parties under Order 23 Rule 3 CPC readwith section 151 CPC for taking the Settlement Agreement dated 22.7.2017 on record and in terms of the Settlement to dispose of the proceedings and to pass a decree.

The plaintiff is the wife of late Shri Gaurav Durga. Defendant is the brother of late Shri Gaurav Durga. Parties have settled their disputes and the terms and conditions of the settlement are recorded in the Settlement Agreement dated 22.7.2017 which was executed before the Delhi High Court Mediation and Conciliation Centre (DHCMCC). The Settlement Agreement is signed by the parties. It is also signed by the learned counsel appearing for the defendant and the learned Mediator. Parties, namely,

Ms.Monika Durga and Mr.Hirdesh Durga are personally present in court and confirm that they have voluntarily executed the present agreement and in terms of the settlement all the disputes have been settled. Parties shall remain bound by the terms and conditions of the Settlement. Application is allowed.

CS(OS)120/2014 The suit is decreed in terms of the Settlement Agreement dated 22.7.2017.

Learned counsel for the plaintiff confirms that in terms of the Settlement Agreement he will be taking steps and will be withdrawing the proceedings pending in Karkardooma Courts. Parties also agree that any proceeding pending against each other in any court etc. shall not be pursued and shall be withdrawn.

Learned counsel for the parties confirm that pursuant to the last order dated 16.1.2018 the parties have inspected the locker in Canara Bank, Rohtash Nagar Branch, Shahdara, Delhi and have sorted out the dispute pertaining to the contents of the locker/jewellery. The suit is disposed of as above.

CC 51/2014 This counter-claim also stands disposed of in terms of the above order.

JAYANT NATH, J JANUARY 31, 2018 n