Shiv Charan (Since Deceased) Thr Lrs & ORS v. Devi Charan & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 289/2017 SHIV CHARAN (SINCE DECEASED) THR LRS & ORS ..... Appellants Through: Mr. Gautam Gupta, Adv.

versus DEVI CHARAN & ORS ..... Respondents Through: Mr. Vishal & Mr. Aditya Singh for R-2,5,&6.

Mr. Shiv Charan Garg & Mr. Imran Khan, Advs.

for R-7(a)(b),8 & 9.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 14.09.2018 It is submitted that the appeal is directed against an order rejecting the application under Order 9 Rule 9 for restoration of the suit. It is submitted by the learned counsel for both the parties that the parties are siblings and have amicably resolved their differences. As far as learned counsel for respondent nos.2,5 and 6 are concerned, it is submitted that there is no such settlement. Having regard to these facts and circumstances, the Court is of the opinion that the suit ought to be restored accordingly. The impugned order is hereby set aside. The parties request that the matter may be sent to the Samadhan - Delhi High Court Mediation and Conciliation Centre. The parties are

directed to be present before the Mediation Centre on 26.09.2018 and thereafter, before the concerned Single Judge on 15.10.2018. In the circumstances, it is directed that the appellant shall deposit `25000/- in the Kerala Chief Minister's Distress Relief Fund (CMDRF). The appeal is allowed in the above terms.

S. RAVINDRA BHAT, J A. K. CHAWLA, J SEPTEMBER 14, 2018/akv