Mudit Prasad v. Tushar Prasad & ORS.

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 415/2018 MUDIT PRASAD ..... Plaintiff Through:

Mr.

Manish Kohli, Mr.

Piyush Singhal & Mr.

Akeel Ahmed, Advocates (M-9911779994).

versus TUSHAR PRASAD & ORS.

..... Defendants Through:

Mr.

Abhishek Kumar Rao, Mr.

Shailesh Suman, Ms. Bhavya Bharti & Ms. Nandini Nagar, Advocates for D-1&2 (M-9958066077) along with D-1&2 in person.

Ms. Beenashaw N. Soni & Ms. Nidhi Samorotra, Advocates for D-3 (M9810046611).

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 14.11.2018 I.A. 15507/2018 The present dispute arose amongst family members. The Plaintiff and Defendant no.1 are brothers. Defendant No.2 is the mother of the parties. They have arrived at a settlement which is recorded in Memorandum of Settlement/Consent Terms dated 12th November, 2018. The parties have placed on record the said settlement agreement. It is duly signed by all the parties and by two witnesses. The agreement has been annexed to an application under Order XXIII Rule 3 which has also been signed by the

parties and by their counsels. The application is accompanied by affidavits of the parties.

The Plaintiff and Defendant Nos.1 and 2 - all three are present in Court. They confirm that they have entered into a settlement. The terms are lawful and there is no impediment in recording the same. Directing that all parties shall be bound by terms and conditions of the settlement, the settlement is accepted by the Court.

The suit is accordingly decreed in the terms of settlement agreement signed between the parties which is marked as Ex.C1. The said agreement shall form part of the decree. All pending I.As are disposed of. Decree sheet be drawn accordingly.

The Plaintiff does not press any relief against the DDA. The suit against DDA accordingly does not survive.

PRATHIBA M. SINGH, J NOVEMBER 14, 2018 Rahul