Navin Chandra Anand v. Subhash Chander Anand & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 247/2010 NAVIN CHANDRA ANAND ..... Plaintiff Through Mr. Dalip Mehra, Advocate versus SUBHASH CHANDER ANAND & ORS ..... Defendants Through Mr. Siddharth Yadav, Advocate for D-1 to D-4

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 17.04.2017 I.A. No.4537/2017 This is an application seeking recall of the order dated 10.04.2017 wherein due to non-appearance of the plaintiff, the suit had been dismissed in default as also for non-prosecution. Counsel for defendants No. 1 to 4 have put in appearance. He has no objection to the prayer made in the application. Order dated 10.04.2017 is accordingly recalled. Suit is restored to its original position.

Application disposed of.

CS(OS) 247/2010 & I.A. No........... (to be numbered by Registry) Parties have settled their suit and an application to the said effect duly signed by all the parties has in fact been placed on record. Copy has been furnished to the learned counsel for defendants No. 1 to 4. This is a joint application under Order XXIII Rule 3 read with

Section 151 of the Code filed by the plaintiff and defendants No. 1 to

4. The application is accompanied by the affidavits of all the aforenoted parties. The terms of settlement are contained separately in an agreement of settlement annexed along with the application which shall also form part of this application which has also been signed on each page by the parties. The terms of settlement have also been detailed in para 5 of the aforenoted application. The application along with agreement of settlement shall be read as Ex.P-1. Parties shall be bound by the terms and conditions contained in Ex. P1. The present suit is a suit for partition. Property is property bearing No. 26/2, East Patel Nagar, New Delhi. Ex. P1. The suit is decreed in terms of Ex P1.

No further orders are called for. Suit disposed of in the above terms.

INDERMEET KAUR, J APRIL 17, 2017