Nirmal Khanna v. Jhuthar Through LRs

Delhi High Court · 04 Nov 2015 · 2015:DHC:11908
Valmiki J. Mehta
CS(OS)254/1993
2015:DHC:11908
civil appeal_allowed

AI Summary

The Delhi High Court condoned delay and disposed of execution proceedings as infructuous based on a full and final settlement agreement between the parties.

Full Text
Translation output
$-30& 33 HIGH COURT OF DELHI
CS(OS)254/1993
SMT.NIRMAL KHANNA . Plaintiff
Through Ms.Rishika Arora,Advocate for Mr.P.S.Bindra,Advocate
VERSUS
JHUTHAR(SINCEDECEASED)THROUGHLRs Defendants
Through Ms.Rashmi Chopra,Advocate with Ms.Asiya,Adv.for D-2&D-5
Mr.Jasmeet Singh,Adv.for D-3&4
EX.P.465/2014
NIRMAL KHANNA Decree Holder
Through Ms.Rishika Arora,Advocate for Mr.P.S.Bindra,Advocate
VERSUS
JHUTHAR THROUGH LRS
Through
JudgementDebtors Ms.Rashmi Chopra,Advocate with
Ms.Asiya,Adv.for JD-2& JD-5 Mr.Jasmeet Singh,Adv.for JD-3 &4
CORAM:
HON'BLE MR.JUSTICE VALMIKIJ.MEHTA
04.11.2015 LA.No.11466/2015(Condonation of25 days' delavJ in CSIOSJ 254/1993
ORDER

1. Forthe reasons stated in the application,delay of25 days in filing the 2015:DHC:11908 application is hereby condoned. LA.stands disposed of.

1. A.No.11464/2015(bv def. no.2 u/O IX R 13 CPQ in CStOS)254/1993, LA. No.11465/2015(bv defendant no.2 u/S 151 CPC for stay of Ex.P. NO.465/2014L CS(OS)254/1993&Ex.P.No.465/2014)

2. Counsel appearing for applicant who is one ofthe defendants in the suit and the legal heir ofthe original defendant,has filed in this Courta copy of an Agreement dated 21.09.2015 which has been signed by the parties before the Delhi High Court Mediation and Conciliation Centre.A reference to this Agreement dated 21.09.2015 shows that the plaintiffdecree holder has received a sum ofRs.21 lacs in full and final settlement for the suit and the execution petition, and which amount ofRs.21 lacs has been paid to the plaintiff/decree holder by demand draft as noted in the Agreement dated 21.09.2015.

2. Accordingly, taking a copy of this Agreement dated 21.09.2015 on record, the application under Order IX Rule 13 of the Code of Civil Procedure, 1908, the related applications and the execution petition are disposed ofas infructuous/satisfied. \\AAS^''^^\y VALMIKIJ.MEHTA,J