Rajinder Kumar & Others v. Jagdish Chander & Others

$~72 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1798/2012 RAJINDER KUMAR & OTHERS ..... Plaintiffs Through:

Mr. S.Shantanu and Mr. Prag Shanker, Advocates.

versus JAGDISH CHANDER & OTHERS ..... Defendants Through:

Mr. Mayank Sharma, Advocate.

Mr. Rohit Gandhi, Local Commissioner.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 13.01.2016 I.A.No. 559/2016(for direction on behalf of Local Commissioner alongwith settlement agreement by the parties) 1.

Ordinarily I would not have jurisdiction to decide the present suit and the application as this Court does not have pecuniary jurisdiction in view of the Office Order dated 24.11.2015 issued by Hon'ble the Chief Justice in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015, however, since the suit has been compromised, I exercise my powers under Section 24 CPC read with Article 227 of the Constitution of India and though this application is filed by the Local Commissioner, however counsel for the parties state that parties have settled CS(OS) 1798/2012

their disputes in terms of the written settlement agreement dated 17.12.2015 which is signed by the parties to the present suit. In terms of the settlement agreement certain parties have to get the property and the other parties have to get a monetary value of their shares.

2.

Accordingly, I.A is allowed and the suit for partition is disposed of in terms of the settlement agreement dated 17.12.2015 on the basis of which a decree will be drawn.

Parties are left to bear their own costs.

Local Commissioner appointed in the suit will accordingly be discharged. VALMIKI J. MEHTA, J JANUARY 13, 2016 ib CS(OS) 1798/2012