Vijendra Jain & ANR v. Kuldip Kaur & ORS

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 244/2016 and CM Nos.13690-13691/2016 VIJENDRA JAIN & ANR.

..... Appellants Through Mrs. Manjula Gandhi, Mr. Shivanshu Kumar and Mr. Dipender Chauhan, Advocates versus KULDIP KAUR & ORS.

..... Respondents Through Mr. Manu Nayar and Ms. Deeksha Nayyar, Advocates for R-1 & R-2 Mr. Raman Kapur, Sr. Advocate with Mr. Anil Kumar Gupta, Mr. Aviral Tiwari, Advocates for R-3

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 10.08.2018 CM No. 32260/2018 This is a joint application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 for disposal of the present appeal in terms of the settlement agreement dated 28.05.2018. The settlement was possible as a result of mediation in the Delhi High Court Mediation and Conciliation Centre. 2.

Counsel for the parties state and affirm that the settlement agreement is signed by the parties and is binding. Parties would abide the terms settled and agreed. Settlement agreement is taken on record and the appeal is disposed of on the following terms:-

(i) The impugned order passed and subject matter of challenge in the appeal would be treated as modified in terms of the settlement agreement.

(ii) The sale deed dated 31.08.1992 and agreement to sell dated 11.08.1981 would be treated as null and void and would have no consequences. However, parties would execute documents in terms of the settlement.

(iii) Parties will be bound by the settlement agreement, which would be treated as an order passed by the court.

3.

Recording the aforesaid, the application is disposed of and the LPA No. 244/2016 is also disposed of in terms of the settlement agreement and the order passed today. All the pending applications are also disposed of as infructuous.

4.

A copy of the order be given dasti under signature of the Court Master.

SANJIV KHANNA, J CHANDER SHEKHAR, J AUGUST 10, 2018 b