High Court of DelhiCS(OS)/2868/2011

Atta-Ur-Rehman And ORS v. Rehmat-Ullah Khan & ORS

2019-08-22Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 2868/2011 & I.A. 18429/2011 ATTA-UR-REHMAN AND ORS ..... Plaintiffs Through:

Mr. Anis Ahmed, Advocate.

versus REHMAT-ULLAH KHAN & ORS ..... Defendants Through:

Mr. Hemant Malhotra and Mr. K.J.S Kalra, Advocates for D-4.

Mr. Paritosh Bidhiraja, Ms. Surabhi Mahishwar and Mr. Akash Kumar Singh, Advocates for D-5 and D-6.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 22.08.2019

1. Settlement Agreement dated 23rd July 2019 has been executed between the parties before the Delhi High Court Mediation and Conciliation Centre. The same has been signed by the Plaintiffs, the Defendants and the respective counsels for the parties and signed by the Mediator has been received from the Mediation Cell of this Court. The same is marked as Exhibit C-1. The terms of the settlement are reproduced here under: "a. The parties have agreed that they have amicably settled all their disputes and differences qua the suit property and the parties have agreed that the present suit may be disposed as withdrawn in terms of the present settlement agreement. b. The first party agrees that in future they shall have no claim

whatsoever in respect of the suit property.

c. That the second and third party agree that they shall not claim any damages / costs from the first party in respect of the present suit.

d. The first party shall request the Hon'ble Court to pass appropriate orders for refund of Court Fee under Section 16 of the Court Fees Act, 1870 and the Second and Third Party have no objection to the same."

2. Learned counsel for the Plaintiff states that in terms of the aforesaid settlement, he has instructions to withdraw the present suit. Accordingly, the suit stands withdrawn in terms of the settlement agreement. The parties shall remain bound by the terms of the settlement.

3. A certificate entitling the plaintiff to refund of 50 percent court fees be issued and handed over to the counsel for the plaintiff. SANJEEV NARULA, J AUGUST 22, 2019 nk