Mohd.Miraj v. Ganesh Siva Kumar (G.Sivakumar) & ORS

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 300/2014 MOHD.MIRAJ ..... Appellant Through:

Mr. Krishan Kumar, Ms. Sunita Kumar, Mr. S.P. Nnagia & Mr. Sahil Dhawan, Advocates (M-9810068578) along with Appellant in person.

versus GANESH SIVA KUMAR (G.SIVAKUMAR) & ORS ..... Respondents Through:

Mr. Babu Malayil, Advocate for R-2 & 3 (M-9868256243).

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 14.03.2018 CM APPL.9927/2018 in RFA 300/2014 This is an application under Order XXIII Rule 3 read with Section 151 moved by the parties jointly. The parties report that they have settled the matter amicably. The application is duly signed by parties. The application is accompanied with affidavits of both sides. As per the terms of settlement, the Respondents No.2 and 3 have to pay a sum of Rs.3,50,000/- to the Appellant by way of full and final settlement. Upon receipt thereof, the Appellant shall have no right and title in the suit property. The criminal complaint which has been filed by the Appellant shall also be withdrawn. The Court has perused the settlement terms and the same are lawful. There is no impediment in recording the terms of settlement. Accordingly, the suit is decreed as settled under Order XXIII Rule 3.

The demand draft for a sum of Rs.3,50,000/- has been handed over by the counsel for the Respondents to the counsel for the Appellant. Respondent No.2, Ms. Jhinsi Antony and Mr. T.V. Antony are present in court. Appellant, Mr. Mohd. Miraj is also present. The demand draft bearing no.973752 dated 26th February, 2018 drawn on State Bank of India is duly acknowledged. The suit is decreed as settled. The appeal is disposed of accordingly.

In view of the fact that the parties have settled the matter out of the court, court fee be refunded to the Appellant. PRATHIBA M. SINGH, J MARCH 14, 2018 Rahul