High Court of DelhiCS(OS)/274/2021

Anil Kumar Atree & ORS. v. Mukesh Atree & ANR.

2024-12-24Hon'Ble Dr. Justice Swarana Kanta Sharma6 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 274/2021 ANIL KUMAR ATREE & ORS.

.....Plaintiffs Through:

Ms. Malvica Satija, Advocate with plaintiff nos. 1,2 and LRs of plaintiff no. 3 in-person.

versus MUKESH ATREE & ANR.

.....Defendants Through:

Mr. Pawan K. Bahl, Advocate with D-1 and D-2 in-person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 24.12.2024 I.A. 49583/2024 (for recording of the settlement) 1.

The present application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (hereafter „CPC‟), has been filed on behalf of the plaintiffs, inter-alia, seeking the following relief: "a) Please to record the settlement as mentioned in Annexure A b).

Allow the plaintiff to withdraw the present suit"

At the outset, the learned counsel appearing for the plaintiffs submits that plaintiff no. 3 has unfortunately passed away. 3.

This Court has heard learned counsel appearing on behalf of both the parties.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sh. Anil Kumar Atree (plaintiff no. 1), Sh. Umesh Atree (plaintiff no. 2), Ms. Vanya Atree and Mr. Shubham Atree, legal representatives of Sh. Manoj Atree (plaintiff no. 3- since deceased) are present before this Court in-person, and have been duly identified by their counsel Ms. Malvica Satija.

Sh. Mukesh Atree (defendant no. 1) and Sh. Rakesh Atree, (defendant no. 2) are present before this Court in-person, and have been duly identified by their counsel, Mr. Pawan K. Bahl.

The parties have also handed-over self-attested copies of their Aadhar Card. Let the same be placed on record.

The learned counsel appearing on behalf of the parties jointly submit that during the pendency of the present suit, the parties have amicably resolved the dispute. A settlement agreement dated 10.12.2024, along with affidavit, under Order XXIII Rule 3 read with Section 151 of CPC duly signed by the plaintiffs and defendants and their respective counsels, has been filed on record. Parties agree that they have understood the terms of the settlement. They pray that the present suit be disposed of in terms of the settlement stated above.

The terms of the Settlement Agreement dated 10.12.2024, are set out below:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

In view of the above, by way of the present application, the learned counsel appearing on behalf of the plaintiffs seeks permission to withdraw the present suit, leaving the parties to bear their own costs. 10.

Accordingly, the present application stands allowed. CS(OS) 274/2021 11.

In view of the order passed in I.A. 49583/2024, the present suit is dismissed as withdrawn.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J DECEMBER 24, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.