Sumitra Devi v. Vinod Sharma & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 143/2017 & CM APPL. 4601/2017 SUMITRA DEVI ..... Petitioner Through:

Mr. Alok Sharma, Advocate (M9811983001) versus VINOD SHARMA & ORS ..... Respondents Through:

Mr. Siddharth Agarwal, Advocate for Mr. Naveen R. Nath, Advocate for R1(1)(a), (1)(b) (M-9045513840)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 18.02.2020 1.

A suit for partition was filed in respect of the estate of Late Sh. Babu Lal Sharma who had two sons, namely, Sh. Vinod Sharma and Sh. Pramod Sharma and three daughters, namely, Smt. Kusum Sharma, Smt. Suman Sharma and Smt. Praveen Vatsa. Smt. Promila Sharma is the wife of Sh. Pramod Sharma. Sh. Vinod Sharma has since passed away and is represented by his legal heirs.

2.

The disputes relate to property bearing no. 2649/4, Gali No.6, Behari Colony, Delhi. The present petition was filed challenging the auction of the property by the executing court. A consent decree dated 25th October, 2012 was passed, of which execution was sought. In the execution proceedings, auction was directed which was challenged in the present petition. During the pendency of the present petition, parties were referred to the Delhi High Court Mediation and Conciliation Centre. They have now entered into a Settlement Agreement dated 10th February, 2020. The settlement terms are recorded in paragraphs no. (a) to (o) of the Agreement. The parties who are

present in Court today are  Smt. Kusum Sharma - Petitioner No.1,  Smt. Suman Sharma - Petitioner No.2,  Smt. Praveen Vatsa - Petitioner No.3,  Smt. Mamta Sharma - Respondent No.1(a),  Sh. Aniket Vashisht - Respondent No.1(b),  Sh. Ashutosh Vashisht - Respondent No.1(c),  Sh. Pranav Vashisht - Respondent No.1(d),  Sh. Pramod Sharma - Respondent No.2 and  Smt. Promila Sharma - Respondent No.3.

3.

The Court has enquired from them if they have settled their disputes, which they have confirmed in the affirmative. They undertake to abide by the settlement terms. Accordingly, the Settlement Agreement is taken on record. The parties shall be bound by the terms and conditions of the settlement.

4.

The present petition is accordingly disposed of as settled. The execution proceedings shall also now be disposed of in terms of the Settlement Agreement. A copy of the Settlement Agreement be placed before the Execution Court. The consent decree shall stand modified in terms of the settlement. Decree sheet be drawn accordingly by the Trial Court. All pending applications are also stand disposed of. PRATHIBA M. SINGH, J.

FEBRUARY 18, 2020 Rahul