Kshitij Mittra & Ors. v. Sakshi Ghai Mittra & Ors.

Delhi High Court · 28 Oct 2015 · 2015:DHC:8909
Hima Kohli
CS(OS) 4067/2014
2015:DHC:8909
civil appeal_allowed

AI Summary

The Delhi High Court allowed the plaintiffs to withdraw their suit by mutual settlement and dismissed the suit as withdrawn with parties bearing their own costs.

Full Text
Translation output
CS(OS) 4067/2014
HIGH COURT OF DELHI
CS(OS) 4067/2014
KSHITIJ MITTRA & ORS ..... Plaintiffs
Through : Ms. Eti Solanki, Advocate
VERSUS
SAKSHI GHAI MITTRA & ORS ..... Defendants
Through : Ms. Priya Deep, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 28.10.2015
IA No.22583/2015 (by the plaintiffs u/O XXIII R-1 CPC)
JUDGMENT

1. The present application has been filed by the plaintiffs (plaintiff No.1 being the husband of the defendant No.1 and plaintiffs No.2 & 3 being the parents of the plaintiff No.1) stating inter alia that the plaintiff No.1 and the defendant No.1 have entered into a settlement, vide Settlement Deed dated 6.10.2015, (a copy whereof has been enclosed with the application) whereunder they have resolved all their inter se disputes. Further, both the parties have agreed to dissolve their marriage for which, they have filed the first motion for divorce by mutual consent on 9.10.2015.

2. Counsel for the plaintiffs states that in view of the settlement arrived at between the parties, the plaintiffs wish to withdraw the present suit. 2015:DHC:8909 CS(OS) 4067/2014

3. Notice. Counsel for the defendants accepts notice and states that she has no objection to the prayer made in the application being allowed.

4. Accordingly, the present application is allowed and the suit is dismissed as withdrawn, while leaving the parties to bear their own expenses.

5. The date already fixed in the case, i.e., on 30.3.2016, stands cancelled.

6. File be consigned to Record Room. HIMA KOHLI, J OCTOBER 28, 2015 sk/ap