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HIGH COURT OF DELHI
CS(OS) 1262/2009
SMT. HARJIT KAUR ..... Plaintiff
Through: None
Through: Mr. Israel Ali, Advocate for D-1.
Mr. Sanjeev Singh, Advocate for D-2 Mr. R.P. Sharma, Advocate with Mr. Vaibhav Mehra, Advocate for D-3 and D-4.
Mr. Dinesh Garg, Advocate with Ms. Rachna Agarwal, Adv. for proposed defendant/builder.
JUDGMENT
1. On 18.09.2013, with the consent of the parties, a preliminary decree was drawn with a direction that the Memorandum of Family Settlement dated 29.08.2013, will form a part of the preliminary decree.
2. Counsels for the parties state that the preliminary decree may be converted into a final decree and the parties be left to work out the family settlement on their own.
3. In view of the fact that the parties have arrived at a family settlement that has been reduced into writing by virtue of the Memorandum of Family Settlement and based on the said document, a 2015:DHC:4589 CS(OS) 1262/2009 preliminary decree has been passed in respect of the suit premises, with the consent of the parties, the preliminary decree is converted into a final decree, while leaving them to give effect to the terms and conditions of the Memorandum of Family Settlement, as recorded therein.
4. Needless to state that if the parties are unable to implement the conditions stipulated in the Memorandum of Family Settlement for any reason, they shall be entitled to seek execution of the judgment and decree, in accordance with law.
5. Decree Sheet be drawn up accordingly.
6. The suit is disposed of, while leaving the parties to bear their own costs. HIMA KOHLI, J MAY 21, 2015 rkb