V.P. Jaggi v. Suraj Prakash Jaggi & ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1255/2013 V.P. JAGGI ..... Plaintiff Through :

Ms.Savita Malhotra and Ms.Suman Malhotra, Advs.

versus SURAJ PRAKASH JAGGI & ORS ..... Defendants Through :

Mr.Alok Bachawat and Mr.S.

Jeevanandan, Advs. for defendants no.1 and 2.

Mr.Rohit Yadav, Adv. for defendant no.3.

Mr.R.K. Sachdeva, Adv. for defendant no.4 along with defendant no.4.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

O R D E R

% 06.10.2016 1.

Plaintiff has filed the present suit for partition, perpetual injunction damages, mesne profits, etc., with respect to the property bearing no.K47, Jangpura Extension, New Delhi. 2.

On the last date of hearing, counsel for the parties had sought an adjournment on the ground that the parties have arrived at an amicable settlement and the terms of settlement were to be reduced in writing. Accordingly, the matter was referred to the Delhi High Court Mediation and Conciliation Centre.

3.

Today, learned counsel for the parties submit that the parties have arrived at an amicable settlement before the Delhi High Court Mediation and Conciliation Centre on 5.10.2016 and the Settlement Agreement dated 5.10.2016 has been duly signed by all the parties herein. Parties are

present in Court along with their respective counsel. The parties identity their signatures on the settlement agreement dated 5.10.2016. The Settlement Agreement dated 5.10.2016 is marked as Exhibit P-1. 4.

The broad terms of the settlement, which have been agreed are that the plaintiff and defendant no.3 have released their rights in the suit property on receipt of Rs.30.00 lakhs, each, subject to the TDS deduction. It is further agreed that defendants no.1, 2 and 4 would have 1/3rd share, each, in the suit property and the parties are in joint possession of the suit property.

5.

Learned counsel for the parties submit that the present suit may be decreed in terms of the Settlement Agreement dated 5.10.2016, marked as Exhibit P-1.

6.

Accordingly, as prayed, the present suit stands decreed in terms of Settlement Agreement dated 5.10.2016, marked as Exhibit P-1. Parties shall be bound by the Settlement Agreement.

7.

Court appreciates the efforts put in by the counsel for the parties, the parties and the Mediator in early resolution of the matter. 8.

Since the matter has been resolved through mediation, plaintiff would be entitled to refund of court fee. Let a necessary certificate be issued to the plaintiff in this regard.

I.A. 12108/2016 (S 89 R 24 & 25) 9.

Application stands disposed of in view of the order passed above. G.S.SISTANI, J OCTOBER 06, 2016 msr