Sushila Devi v. Meena Mathur

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 70/2011 & CM No. 16899/2013 SUSHILA DEVI ..... Appellant Through:

Mr. Raman Kapur, Sr. Adv. with Mr.

Aviral Tiwari and Mr. R.P.Singh, Advocates.

Ms. Urmila, sister of the appellant in person.

versus MEENA MATHUR ..... Respondent Through:

Mr. H.L.Tiku, Sr. Advocate with Ms.

Yashmeet Kaur, Advocate.

Respondent in person.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 09.08.2018 1.

After arguments, this appeal is disposed of with the consent order that the disputes between the parties with respect to the suit property being the second floor of BG-7/146, Pashim Vihar, Delhi are settled with the appellant receiving from the respondent a sum of Rs.8 lacs on or before 30.9.2018 simultaneously to physical possession of the suit property being delivered by the appellant to the respondent, and on this being done any and every claim

of any of the parties to this litigation will stand settled and satisfied. It is further made clear that not only the present litigation but if there are any other litigations between the parties as regards the suit property whether civil or criminal, the same would stand settled and if required for any criminal case, parties will file a joint application for withdrawal of quashing of the same within a period of 2 months from today. 2.

It is also agreed that besides the appellant receiving a sum of Rs.8 lacs from the respondent on or before 30.9.2018 simultaneously to the appellant handing over possession of the suit property to the respondent, the appellant will be entitled to receive the amount deposited by the appellant in this Court alongwith the accrued interest.

This amount be released by the Registry of this Court to the appellant within a period of four weeks from today.

3.

Let the appellant file an affidavit of undertaking in terms of the present order within a period of two weeks from today and on the appellant filing the affidavit of undertaking and complying with the terms of the affidavit of undertaking, the appellant will be entitled to a sum of Rs. 8 lacs from the respondent simultaneously to handing over to the appellant the actual vacant physical possession of the suit property to the respondent on or

before 30.9.2018.

4.

The appeal is disposed of in terms of the aforesaid observations. VALMIKI J. MEHTA, J AUGUST 09, 2018 ib