S C Chopra v. Yog Raj Chopra (Deceased) Thr Lrs

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 210/2019 & CM APPL Nos.11787, 22658, 25163 of 2019 S C CHOPRA ..... Appellant Through : Mr.P.K.Dey, Mr.P.Banerjee, Ms.Shreyasi Chakraborty and Ms.Shilpi Dey Auditya, Advs.

versus YOG RAJ CHOPRA (DECEASED) THR LRS ..... Respondent Through : Mr.P.D.Gupta, Sr.

Adv.

with Mr.Abhishek Gupta and Mr.Aaditya Chopra, Advs.

with Mr.Raman Chopra, in person

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 16.12.2019 Both the parties have settled the dispute before the Delhi High Court Mediation and Conciliation Centre vide settlement agreement dated 22.10.2019 in terms of paras No.1 to 5 noted therein. It is stated as per the said agreement, the appellant has agreed and undertaken to peacefully vacate and hand over peaceful, actual and physical possession of the suit property to the respondents on or before 29.02.2020 and shall not make any claim qua title in the said property. The respondents have also agreed not to claim any amount towards mesne profits and forgo and give up the mesne profits as awarded by the learned trial court from the date of institution of the

suit as also the interest. The respondent also agreed to forego and waive the amount to be paid towards mesne profits to the tune of Rs.10,000/- per month in terms of order dated 04.07.2019. The settlement is voluntary and without any undue influence or coercion from any corner and is lawful and as such the present RFA is disposed of while decreeing the suit in terms of the settlement agreement.

The parties shall remain bound by the settlement and the undertaking stated therein, which is accepted by the court. Since the matter has been settled in the mediation, the court fees be refunded to the appellant as per the Court Fees Act. No order as to costs.

YOGESH KHANNA, J.

DECEMBER 16, 2019 VLD