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High Court of DelhiCS(OS)/1983/2011

Poonam Handoo v. Kanwar Mangleshwar Singh & ORS

2019-08-07Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1983/2011 POONAM HANDOO ..... Plaintiff Through:

Mr. K K Bhalla, Advocate.

versus KANWAR MANGLESHWAR SINGH & ORS ..... Defendants Through:

Ms. R. Mekhala, Advocate.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 07.08.2019

1. The order dated 30th July 2019 records that the parties have executed a Settlement Agreement dated 1st May 2019 before the Delhi High Court Mediation and Conciliation Centre. As pointed out by the learned counsels for the Defendants, it is clarified that in para 3 of the order dated 30th July 2019, the name may be read as "Late Sh. Thakur Nanak Singh". The terms of the said settlement have been partly executed, as noted in the aforesaid order and some steps are yet to be taken by the parties. The settlement bears the signatures of the parties and their respective counsels. Learned counsels state that in terms of clause 10(i) of the aforesaid settlement agreement, parties have agreed to pray for disposal of the suit. They further submit that since parties have yet to fulfill their obligations as per the terms of settlement, the Court may instead decree the suit.

2. Learned counsel for the parties further agree that in terms of the

settlement, the property bearing Flat No. 112, First Floor, Mercantile House, Kasturba Gandhi Marg, New Delhi-110001 has to be transferred in the name of the Plaintiff by way of a gift deed. The said property is currently under tenancy and the security amount of Rs. 2,58,060/- is presently lying deposited with the Defendant. Defendant agrees that on the execution of the gift deed, the said security amount will also be transferred to the Plaintiff.

3. I have perused the terms of the settlement agreement and find the same to be lawful. The counsels and parties who are present in the court support the Settlement Agreement duly signed by the parties and respective counsels and seek decree in terms thereof. Accordingly, a decree is passed, in terms of the Settlement Agreement dated 1st May 2019, which along with the Annexure thereto shall form part of the decree sheet. The parties shall abide and remain bound by the said terms. Liberty is granted to parties to seek execution of the decree if in case any of the terms of the settlement are not complied with.

4. Decree sheet be drawn up.

SANJEEV NARULA, J AUGUST 07, 2019 nk