Ms Deepti Rawat & Others v. Sh Shailendra Deopa & Others

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 363/2016 and I.A. Nos. 8850/2016, 5688/2017, Crl. M.A. 7845/2017 MS DEEPTI RAWAT & OTHERS ..... Plaintiffs Through:

Mr. Shiv Bhatt, Advocate.

versus SH SHAILENDRA DEOPA & OTHERS ..... Defendants Through:

Mr. Harsh Ahuja, Advocate for D-1 and 2.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 06.12.2017 1.

A comprehensive settlement has been entered into between the parties before the Delhi Mediation Centre, Patiala House Court, New Delhi.

Certified copy of the said settlement is placed on record. 2.

The only term which would be applicable of this settlement in the subject suit is paragraph 8 of the settlement and this paragraph 8 reads as under:- "8.

That the husband Shri Shailendra Deopa shall surrender his 50% right/share in DDA Freehold Flat no. 408, 4th floor, Block-6, CAT-MIG, Sector-D, Pocket-6, Vasant Kunj, New Delhi in favour of Ms. Deepti Rawat and shall execute all necessary documents."

3.

Accordingly, this suit is disposed of by passing a decree with respect to paragraph 8 of the settlement deed dated 18.11.2017 and CS(OS) 363/2016

paragraph 8 will form a decree between the parties. It is clarified that there is no decree in the present suit with respect to other terms, and which are not the subject matter of the present suit, however, such terms will bind the parties as it is stated that such terms will have the necessary effect and bindingness between the parties in other judicial proceedings pending between the parties.

4.

It is agreed and therefore clarified by this Court that no other relief in this suit by any of the parties will remain except given in terms of paragraph 8 of the settlement agreement dated 18.11.2017 and which has been reproduced above.

5.

Suit is accordingly disposed of by passing a decree in terms of paragraph 8 of the settlement agreement dated 18.11.2017. Parties are left to bear their own costs.

6.

Since the suit is disposed of as settled outside the Court and prior to leading of evidence, plaintiff is entitled to refund of 50% of the Court fees paid in the suit in view of Section 16-A of the Court-fees Act, 1870 (as applicable to Delhi) and the Registry will issue necessary certificate in favour of the plaintiff no. 1 within two weeks.

VALMIKI J. MEHTA, J DECEMBER 06, 2017 AK CS(OS) 363/2016