Mrs. Kamal Nain v. Mr. Amiteshwar Singh And ANR.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 699/2023 I.A. 881/2025 MRS. KAMAL NAIN .....Plaintiff Through:

Mr. Sanjay Khanna, Ms. Pragya Bhushan, Mr. Tarandeep Singh and Mr.

Vilakshana Dayma versus MR. AMITESHWAR SINGH AND ANR.

.....Defendants Through:

Mr. Saurabh Seth, Ms. Neelampreet and Mr. Abhiroop Rathore, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 15.01.2025 I.A. 881/2025 (Application seeking rectification/modification of the decree dated 20.03.2024.) 1.

This application has been filed by defendant no. 1 under Section 152 read with Section 151 of CPC, seeking rectification/modification of the decree sheet dated 28th March 2022, passed in the suit. 2.

The decree was drawn out, pursuant to order of this Court, dated 20th March 2024, taking on record the settlement between the parties. 3.

The Court had directed the decree to be framed inter alia in terms contained in para 10 of the said order, but also indicated, in para 11 of the said order, that it shall be full and final between all three siblings, in so far as, the estate of both the parents are concerned. There were further directions which The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:52:50

were given in the subsequent paragraphs.

4.

The decree sheet which has been provided to the parties, does not contain the statement "this shall be a full and final settlement between the all 3 siblings in so far as the estate of both the parents are concerned." 5.

For sake of completeness, the applicant seeks that decree sheet be modified in order to include the said sentence. There is no objection on behalf of counsel for plaintiff.

6.

Accordingly, application is allowed.

7.

It is directed that decree sheet shall be modified to include the sentence - "this shall be a full and final settlement between the all 3 siblings in so far as the estate of both the parents are concerned." 8.

Application is disposed of accordingly.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J JANUARY 15, 2025/RK/kp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:52:50