Naresh Kumar v. Arvind Kumar

1. Pursuant to the order dated 24.8.2015, on which date, it was noted that the parties had arrived at a settlement through mediation, but as there was an ambiguity about defining the exact portions falling to the share of the parties in the subject premises, counsel for the plaintiff has filed a site plan, along with IA No.19061/2015.

2. Counsel for the defendant states on instructions that the site plan filed by the plaintiff, is correct and acceptable to his client.

3. As per the Settlement Agreement dated 3.7.2015, the parties had agreed that the suit premises shall be divided equally between them. Counsels for the parties state that the area demarcated in green colour and shown as B, B-1 and B-2 in the site plan attached as 2015:DHC:7537 Annexure P-1 to IA No.19061/2015, shall fall to the share of the plaintiff and the area demarcated in red colour and marked as A, A-1, A-2, shall fall to the share of the defendant.

4. It is further stated that under the settlement, the defendant had agreed to pay a sum of Rs.51,000/- as compensation to the plaintiff. Counsel for the defendant has handed over a cheque of Rs.51,000/- to the plaintiff which is duly accepted. The defendant undertakes that the said cheque shall be duly honoured, on being presented. Counsels for the parties state that the parties have further agreed that they will construct a wall, demarcating their respective portions in the suit premises at their own expense. They state that the parties shall also exchange the keys of the respective portions with each other within two days from today.

5. Counsels for the parties state that the suit may be decreed in terms of the Settlement Agreement dated 3.7.2015, read with the site plan marked as Annexure P-1 and enclosed with IA No.19061/2015.

6. The Court has perused the Settlement Agreement dated 3.7.2015. The same has been signed by the plaintiff and the defendant, and their respective counsels as also by the learned Mediator. The Settlement Agreement dated 3.7.2015 and the site plan referred to above are taken on record.

7. As counsels for the parties jointly state that their clients have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the said settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the Settlement Agreement.

8. The suit is decreed in terms of the settlement arrived at and recorded in the Settlement Agreement dated 3.7.2015, readwith the site plan marked as Annexure P-1 to IA No.19061/2015, while leaving the parties to bear their own expenses. Decree Sheet be drawn accordingly.

9. The suit is disposed of, along with the pending applications. File be consigned to the record room. HIMA KOHLI, J SEPTEMBER 10, 2015 mk/rkb