Vinod Kumar Jain v. Satish Kumar Jain And Another

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1491/2012 & I.A. 11079/2018 VINOD KUMAR JAIN ..... Plaintiff Through:

Ms.Shefali Kishore, Advocate versus SATISH KUMAR JAIN AND ANOTHER ..... Defendants Through:

Mr.Manish Verma, Advocate for defendants

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 26.09.2018 1.

The parties have amicably settled their disputes through mediation. The terms of the settlement are recorded in the settlement agreement dated 31st August, 2018 which is signed by both the parties and is marked as Ex.C1. 2.

The settlement between the parties is lawful and is recorded. The suit is decreed in terms of the settlement agreement dated 31st August, 2018. Ex.C-1 shall form the part of the decree.

3.

As per the settlement, the terrace rights of the new building to be constructed have fallen to the share of defendant No.1. Learned counsels for the parties submit that the parties have agreed that if any additional construction is permissible in future on the terrace, the defendant No.1 alone would have the right to carry out and own the additional construction. The clarification is taken on record.

4.

Learned counsel for the plaintiff seeks refund of the Court Fees under Section 16 of the Court Fees Act. Since the matter has been resolved

through mediation, the Registry is directed to issue a certificate to plaintiff for refund of the Court Fees under Section 16 of the Court Fees Act. 5.

Pending application is disposed of.

6.

Interim orders are vacated.

7.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

SEPTEMBER 26, 2018 ds