Mohd Saleem v. Sarita

$~3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 778/2015 MOHD SALEEM ..... Appellant Through:

Mr. Javed Ashraf Khan, Advocate (M. No.9811149523).

versus SARITA ..... Respondent Through:

Ms. Deeksha Nayyar, Advocate with Ms. Radhika Arora, Advocate (M.

No.9873998180).

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 10.09.2018 1.

After arguments, this appeal is disposed of with the consent order that disputes between the parties will stand settled and satisfied as under:- (i) The respondent/defendant will execute necessary transfer documents of the suit property bearing no.1098(new), Lane no.6, Bazar lal Kuan, Katra Ghulam Mohd. Jan, Delhi-110006 on a plot admeasuring 26.5 sq yds in favour of the appellant/plaintiff less the second floor of the property of which ownership will continue to vest with the respondent/defendant. All costs and related costs with respect to transfer

documents will be borne by the appellant.

It is therefore clarified that appellant will become owner of the entire suit property no.1098 less the second floor of the property of which ownership will continue to vest with the respondent/defendant. (ii) The appellant/plaintiff will pay a sum of Rs.6 lacs to the respondent/defendant within 30 days from today and in case the aforesaid amount is not paid within 30 days from today, then, respondent/defendant will be entitled to interest @ 12% per annum till payment and which rate of interest will in fact stand increased to 18% per annum in case the aforesaid amount of Rs.6 lacs is not paid within six months from today. (iii) It is clarified that amounts which will be paid by the appellant to the respondent/defendant in terms of the present order will be paid simultaneously to the execution of the documents of the property which has fallen to the share of the appellant/plaintiff in terms of the present order. 2.

I may note that before the compromise has been arrived at the matter was got passed over twice and repeated discussions and negotiations were held inter se the Advocates as also their clients being the parties to the appeal and thereafter the aforesaid settlement as above has been arrived at between the parties.

3.

Appeal is accordingly disposed of in terms of the aforesaid consent order.

VALMIKI J. MEHTA, J SEPTEMBER 10, 2018 Ne