Madhu Agarwal v. Ravinder Kumar Gupta & ORS

$~OS-2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 616/2014 MADHU AGARWAL ..... Plaintiff Through Mr.Saurabh Kansal, Adv. with plaintiff in person versus RAVINDER KUMAR GUPTA & ORS..... Defendant Through Mr.Yoginder, Adv. for D-1 & D-2 with D-1 in person

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 05.02.2018 Present suit has been filed for partition of the suit property by the plaintiff who is the sister of the defendants. The dispute between the parties was settled in a Probate Petition that was pending before the District & Sessions Judge in the National Lok Adalat on 9.12.2017. In terms of the Settlement, statement of the plaintiff was recorded that she has no objection for issue of probate in favour of defendant No.1 her brother provided the brother pays a sum of Rs.12.5 lacs to her. It was also recorded that in case the said sum is paid she undertakes to withdraw this case/complaint.

Defendant No.1 Shri Ravinder Kumar Gupta is present in person in court. He undertakes to the court that in terms of his Statement made before the District and Sessions Judge he shall pay to the plaintiff Smt.Madhu Agarwal a sum of Rs.12.5 lacs as a token of his love and affection on or before 31.3.2018. He also undertakes not to sell, alienate or transfer the suit property till payment of Rs.12.5 lacs is made to the plaintiff. Taking this

undertaking of defendant No.1 on record the present suit is disposed of, as settled. In case there is a default on the part of defendant No.1 in making the payment in terms of the Settlement, liberty is granted to the plaintiff to take steps as per law including for revival of the present proceedings. Suit is disposed of in the above terms. Plaintiff shall also be entitled to refund of the court fees.

Copy of the Settlement Agreement before the National Lok Adalat has been filed in court. Same be sent to the Registry who may scan the same and place it on record.

JAYANT NATH, J FEBRUARY 05, 2018 n