Ram Kishan & Another v. The State & Others

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TEST.CAS. 19/2013 RAM KISHAN & ANOTHER ..... Petitioners Through :

Mr. S. K. Bhaduri and Ms. Kirti Parmar, Advs. with petitioners in person.

versus THE STATE & OTHERS ..... Respondents Through :

Mr. Avtar Singh, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.09.2015 I.A. No.19380/2015 (u/O 23 R 3 CPC) in TEST.CAS. 19/2013 Petitioners have prayed for grant of letters of administration with a copy of Will dated 11th October, 2012 annexed of Late Shri Khazan Dutt Sharma (Testator).

Petitioners and the respondent nos.2 to 6 are brothers and sisters, whereas respondent nos.7 & 8 are children of their deceased sister. On 6th August, 2013 learned counsel for the respondent nos.3 to 6 had stated that the said respondents had 'no objection' to grant of probate. Only Respondent no.2 has objected to the grant of letters of administration. As regards respondent nos.7 & 8, they have not appeared in

Court either personally or through counsel, despite service. Petitioners and respondent no.2 have now settled their disputes amicably on the terms and conditions as stipulated in the deed of compromise dated 10th September, 2015, which has been annexed with this application as annexure 'A'. Petitioners and respondent no.2 are present in Court and have confirmed that they have compromised the matter on the terms and conditions as contained in annexure 'A'. Respondent no.2 withdraws the objections in view of the settlement. Accordingly, petition is disposed of. Petitioners and respondent no.2 shall remain bound by the terms and conditions as stipulated in annexure 'A'. All other pending applications are disposed of as infructuous. Date fixed in the matter, that is, 29th October, 2015, is cancelled. A.K. PATHAK, J.

SEPTEMBER 17, 2015 dk