Alka Datt v. Dr Arti Sharma
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2973/2011 Date of Decision: 14th May, 2015
IN THE MATTER OF
ALKA DATT ..... Plaintiff Through : Mr. Lalit Gandharava, Advocate versus DR ARTI SHARMA ..... Defendant Through : Mr. B. Krishan, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J. (Oral) I.A.No.9452/2015 (by the plaintiff u/O XXIII R-1 CPC) 1.
The present application has been filed by the plaintiff stating inter alia that during the pendency of the present proceedings, the parties have arrived at an out of court amicable resolution in respect of the suit premises in accordance with the terms and conditions contained in the Family Settlement dated 30.4.2015. A copy of the said document has been enclosed with the present application and is marked as Annexure-A. 2.
Counsels for the parties state that as agreed, the defendant has paid a sum of Rs.1.20 crores to the plaintiff towards her undivided share in the suit premises and in turn, the plaintiff has executed a sale deed in favour of the defendant in respect of the said undivided half share. However, the copy of the sale deed is not on record. Counsel for the plaintiff states that he shall file a copy thereof within two days. CS(OS) No.2973/2011 Page 1 of 2
3.
In view of the aforesaid settlement arrived at between the parties, the plaintiff seeks leave to withdraw the present suit, to which the other side has no objection.
4.
Accordingly, the application is allowed and the suit is disposed of, while leaving the parties to bear their own costs. 5.
The dates already fixed in the suit, i.e., 29th & 30th October, 2015 stand cancelled.
6.
File be consigned to the record room.
(HIMA KOHLI) JUDGE MAY 14, 2015 sk/ap CS(OS) No.2973/2011 Page 2 of 2