Suresh Chander Sapra And ORS v. Romila Prakash Sapra And ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ SURESH CHANDER SAPRA AND ORS ..... Plaintiffs Through:
Mr. Dinesh Garg and Ms. Rachna Agarwal, Advocates.
versus ROMILA PRAKASH SAPRA AND ORS ..... Defendants Through:
Ms. Vandana Bhatnagar, Advocate for defendants.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 08.04.2024 I.A. 7915/2024 By way of the present application filed under Order XXXII Rule 7 read with section 151 of the Code of Civil Procedure 1908 ('CPC'), applicants/plaintiffs Nos. 5, 11, 14, 17 & 22 seek leave to compromise the suit on behalf of the minor plaintiffs Nos. 7, 13, 16, 18, 19, 23 & 24 respectively. It is recited in the application that the applicants are the parents of the said minor plaintiffs. 2.
Issue notice.
3.
Ms. Vandana Bhatnagar, learned counsel appears on behalf of nonapplicants/defendants; accept notice; and fairly does not oppose the prayers made.
4.
The dates of birth of the aforesaid minor plaintiffs are contained in the Memo of Parties, filed alongwith the plaint.
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5.
In view of the above, the application is allowed, thereby granting leave to plaintiffs Nos. 5, 11, 14, 17 & 22 to compromise the suit on behalf of minor plaintiffs Nos. 7, 13, 16, 18, 19, 23 & 24. 6.
The application is accordingly disposed-of.
I.A. 7914/2024 7.
By way of the present joint application filed under Order XXIII Rule 3 & 3A read with section 151 CPC, the parties seek a decree in terms of Memorandum of Family Settlement dated 22.11.2023. A copy of the same is appended to the application.
8.
Learned counsel for the applicants jointly submit that the members of the family have amicably resolved their inter-se disputes in their entirety; and that the Memorandum of Family Settlement dated 22.11.2023 has been signed by all parties, including on behalf of minor plaintiffs in the suit.
9.
They submit that a decree be passed in terms of the settlement contained in the Memorandum of Family Settlement. 10.
The court has perused the terms of settlement, whereby it appears that the parties have lawfully settled their disputes and there is no apparent reason why the terms of settlement should not be accepted by this court.
11.
Accordingly, the application is allowed.
12.
The suit is decreed in terms of Memorandum of Family Settlement dated 22.11.2023. The parties shall remain bound by the terms of settlement.
13.
Let decree-sheet be drawn-up. The terms of the settlement shall be deemed to form a part of the decree.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
14.
At this stage, as requested by Mr. Garg, 50% of the court-fee affixed on the plaint is directed to be refunded to the plaintiff in compliance of section 16-A of the Court-fees Act, 1860.
15.
The Registry is directed to draw-up the requisite certificate in favour of the plaintiff within 02 weeks.
16.
The suit stands disposed-of in the above terms. 17.
Pending applications, if any, also disposed-of. ANUP JAIRAM BHAMBHANI, J APRIL 8, 2024 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.