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High Court of DelhiRSA/53/2007

Dalip Singh & ORS. v. Subey Singh & ORS.

2017-02-03Hon'Ble Ms. Justice Pratibha Rani2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 53/2007 DALIP SINGH & ORS.

..... Appellants Through:

Mr.Sugriv Dubey, Advocate.

versus SUBEY SINGH & ORS.

..... Respondents Through:

Mr.Satish Kumar Verma, Advocate.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 03.02.2017 1.

When this matter came up for hearing on 20th October, 2016, after some arguments the parties informed the Court about the likelihood of out of Court settlement.

2.

When this matter was taken up again on 26th October, 2016, the parties inform about the nature of the compromise arrived at between the parties whereby it was agreed that the appellant No.1 Sh.Dalip Singh only will have a right to open a door towards the disputed gali and no other appellants i.e. appellant Nos.2 to 4 will have any right, title or interest in the said gali for user of the same or for opening any door in the same. CM No. /2017 (to be numbered and registered) 1.

A joint application is filed by the parties today in the Court for bringing on record the settlement arrived at between the parties. The application is also supported with the affidavits affirming the factum of RSA 53/2007

settlement.

2.

Alongwith the application, the parties have also placed on record the site plan in terms of the settlement as mentioned in paras 3 and 4 of the application.

3.

Heard. The application is allowed.

RSA No.53/2007 1.

Learned counsel for the parties submit that the parties have settled the dispute amicably. It is further submitted that as per the settlement, appellant No.1 Dalip Singh only will have the right to open door towards the disputed gali as shown yellow at point 'A' in the site plan (annexed with the application) and the appellants No.2 to 4 will have no right, title or interest in the said gali for user of the same or for opening any door in the same, to which respondents herein will have no objection. The application and the site plan are exhibited as C-1 (Colly).

2.

Learned counsel for the parties submits that the appeal may be disposed of in terms of the settlement.

3.

Accordingly, the Civil Suit 86/03 and RSA No. 53/2007 are disposed of in terms of settlement recorded in exhibit C-1. The parties shall abide by the terms and conditions of the settlement.

4.

LCR be sent back alongwith copy of the order. 5.

As prayed, copy of the order be given dasti to learned counsel for the parties.

PRATIBHA RANI, J.

FEBRUARY 03, 2017 'st'

RSA 53/2007