High Court of DelhiCS(OS)/1556/2014

Aarti Vasisht & Others v. Karan Vasisht & Another

2018-03-09Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1556/2014 AARTI VASISHT & OTHERS ..... Plaintiffs Through : Mr.Ishaan Madaan, Adv.

versus KARAN VASISHT & ANOTHER ..... Defendants Through : Mr.Ayush Negi, Adv.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 09.03.2018 This suit is for partition filed by the plaintiffs against the defendants but during the pendency of the suit the matter was referred to mediation centre and vide agreement dated 05.03.2018 the matter was amicably settled between the parties. It is submitted that the parties have voluntarily entered into the agreement by their own free will without any undue influence from anyone and have agreed to settle the disputes as per para 6 of the agreement (exhibited as Ex.C1) which runs as under :

6. The parties have agreed to settle their disputes and differences on the following terms and conditions :

a) The Plaintiff No. 2 (Ms. Anita Bhardwaj), Plaintiff No.3 (Ms. Ameeta Ranade) and Plaintiff No.4 (Ms. Vijay Kaushal) have agreed to pay a sum

of Rs. 1,11,00,000/- (Rupees One Crore Eleven Lakhs Only) to Defendant No.1 (Sh. Karan Vasisht) towards full and final settlement towards all his claims.

b) That the said amount of Rs. 1,11,00,000/-(Rupees One Crore Eleven Lakhs Only) shall be paid by the Plaintiff Nos. 2, 3 and 4 (i.e. Rs. 37,00,000/- Rupees Thirty seven Lakhs Only) each by Plaintiff Nos.2, 3 and 4) to Defendant No. 1 by way of cheques within a period of 30 days from signing of this Settlement Agreement.

c) The Defendant No.1 (Sh. Karan Vasisht) will relinquish his share i.e. 8.125% in the said property as determined vide order dated 13.12.2017 of this Hon'ble Court in favour of the Plaintiff Nos. 2, 3 and 4 equally within a period of 30 days from signing of this Settlement Agreement and thus the Defendant No.1 will have no claim/right in the said property. d) The parties agree and undertake that the suit may be decreed in view of the terms of the present Settlement Agreement.

The counsel for the plaintiffs submits that the decree be passed in terms of settlement as enumerated in para 6(a) to 6(d). In the circumstances, the suit is decreed in terms of para 6(a) to 6(d). Decree sheet be prepared.

Since the suit is settled in mediation, the court fees be refunded as per the provisions of the Court Fees Act.

The suit stands disposed of.

YOGESH KHANNA, J MARCH 09, 2018/VLD