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HIGH COURT OF DELHI
CS(OS) 944/2011 and I.As. No. 6287/2011 & 5770/2014
KALLU BABU ROHATGI ..... Plaintiff
Through: Mr. N.S.Negi, Advocate with plaintiff in person
Through: Mr.S.D.Kushwaha, Advocate for LRs of D-1
Mr.K.K.Rohatgi, Advocate for D-2 & D-3
JUDGMENT
1. Pursuant to the order dated 4.8.2015, the parties have filed the site plan dated 10.8.2015 of the suit premises, which has been signed by all of them. They state that the site plan has a legend which indicates the manner in which the shares of the parties in the suit premises has been demarcated.
2. The learned Mediator has forwarded a Settlement Agreement dated 21.4.2015 whereunder, the terms and conditions of the settlement between the parties have been recorded in para 6 thereof. All the parties have agreed to the manner in which their respective 2015:DHC:6565 shares in the suit premises shall be partly divided by metes and bounds and partly disposed of in the open market. The site plan of the suit premises has been subsequently filed by the parties to indicate the exact manner in which the respective portions of the parties have been demarcated.
3. Counsels for the parties state that the suit may be decreed in terms of the Settlement Agreement and the site plan filed under index dated 10.8.2015.
4. The court has perused the Settlement Agreement dated 21.4.2015. The same has been signed by all the parties to the suit and their respective counsels, as also the learned Mediator. The site plan filed under index dated 10.8.2015 has been signed by all the parties in acknowledgment of the demarcation of shares shown therein. The Settlement Agreement dated 21.4.2015, marked as Ex.A and the site plan marked as Ex.B are taken on record.
5. The suit is decreed in terms of the Settlement Agreement. The site plan shall form a part of the decree sheet. The suit is disposed of, along with the pending applications, while leaving the parties to bear their own expenses.
6. At this stage, learned counsel for the plaintiff states that in view of the fact that the parties have arrived at a settlement through court annexed mediation prior to the stage of framing of issues, the plaintiff is entitled to claim refund of the court fees in terms of Section 16 of the Court Fees Act.
7. In view of the aforesaid submission made by the counsel for the plaintiff, the Registry is directed to issue a certificate in favour of the plaintiff for refund of the court fees, as per law. File be consigned to the record room. HIMA KOHLI, J AUGUST 13, 2015 mk/ap