Meera Dhingra v. Deepak Kapoor & Ors.

1. On 7.11.2014 the parties had arrived at a settlement in the Court and a comprehensive settlement was recorded in the order passed on the said date. In terms of the settlement arrived at between the parties, the defendant No.1 had agreed to pay a sum of Rs.6,40,00,000/- each to the plaintiff and the defendants No.3 & 4 towards full and final settlement of all their claims in respect of the 2015:DHC:1797 movable and immovable assets left by the deceased parents.

2. The plaintiff and the defendants No.3 & 4 had agreed that they would not have any objection if the defendant No.1 enters into an agreement to sell one of the main immovable properties, i.e., premises No.A-53, Vasant Marg, Vasant Vihar, New Delhi, in order to fetch the money from the buyer and to pay the same to them.

3. On his part, defendant No.1 had agreed to deposit with the each, the plaintiff and the defendants No.3 & 4 within four weeks from the date of entering into an agreement to sell.

4. In view of the terms of settlement, it was directed that subject to the defendant No.1 depositing the aforesaid amount in favour of the plaintiff and the defendants No.3 & 4 each, they would not raise any claim with regard to the movable and immovable properties, tangible and non-tangible assets left by their deceased parents and the defendant No.1 would be the absolute owner of all the said assets left by the deceased parents.

5. It was recorded in para 11 of the aforesaid order that the plaintiff and the defendants No.3 & 4 had accepted the will dated 17.6.1999, the gift deeds dated 10.2.2006 and 23.3.2006 and stated that they would have no objection if the status quo orders dated 12.7.2007 and 8.4.2009 in respect of the aforesaid property are vacated. It was also agreed between the parties that on receipt of the aforesaid amount, the plaintiff and the defendants No.3 & 4 would file no objections for grant of probate of a will dated 17.6.1999 executed by their father in favour of the defendant No.1 and they would also have no objection if the amount of Rs.69,40,000/-, which is lying in the Court by way of rent received from the property situated at Vasant Vihar, New Delhi, is released in favour of the defendant No.1 and they would sign all the documents, if any, required by the defendant No.1 for sale of the property, without causing any delay.

6. In view of the settlement arrived at between the parties, liberty was granted to the defendant No.1 to enter into an agreement to sell in respect of the Vasant Vihar property within three months from the date of receipt of the earnest money for the said property, and the defendant No.1 was directed to deposit a sum of Rs.6,40,00,000/each in favour of the plaintiff and the defendants No.3 & 4, with the

7. Today, counsel for the defendant No.1 states that he has entered into an agreement to sell in respect of the Vasant Vihar property with Mr. Amit Chopra, Director, Hind Samachar Ltd., Civil Lines, Jalandhar, Punjab and from out of the earnest money received by him, he has brought with him, three pay orders for a sum of Rs.6,40,00,000/- each payable to the plaintiff and the defendants No.3 & 4. He states that his client would not have any objection if the aforesaid drafts are directly handed over to the plaintiff and the defendants No.3 & 4 on the condition that they sign the necessary documents, giving their no objections in terms of the order passed on the last date of hearing.

8. Mr. Dial, learned Senior Advocate appearing for the plaintiff and Mr. Kumar, learned counsel for the defendants No.3 & 4 hand over the affidavits of their respective clients, dated 25.2.2015, stating inter alia that they do not have any objection if the probate of the will dated 17.6.1999, executed by late Shri B.S. Ramdas Kapoor is granted in favour of the defendant No.1. Originals of the said affidavits are handed over by the counsels for the plaintiff and the defendants No.3 & 4 and taken on record and copies thereof have been furnished to the counsel for the defendant No.1, who states that the buyer has requested that a more comprehensive affidavit be got executed from the plaintiff and the defendants No.3 & 4 to ensure that there is no cloud hanging on the title of the property.

9. The proposed draft affidavits were exchanged on the first call in the pre-lunch session and in the post lunch session, counsels for the plaintiff and the defendants No.3 & 4 had handed over duly sworn fresh affidavits executed by their clients on the lines requested by the defendant No.1 and the proposed purchaser, represented through Mr. Arun Kathpalia, Advocate. The same have been perused by the counsels for the defendant No.1 and the proposed buyer and they state that they are satisfied with the averments made in the said affidavits, which are also taken on record, with copies thereof furnished to the defendant No.1 and the proposed buyer.

10. All the parties are agreeable that instead of the matter being referred to the Registry for release of the drafts, now that the affidavits furnished by the plaintiff and the defendants No.3 & 4 have been handed over in court and taken on record, the said drafts may be handed over directly to the parties. Ordered accordingly. The three original drafts of Rs.6,40,00,000/- each are handed over to the plaintiff and the defendants no.3 & 4, through their counsels and photocopies thereof are taken on record.

11. The only remaining part of the agreement left to be completed is the release of a sum of Rs.69,40,000/- deposited in the Court, in favour of the defendant No.1. As agreed, liberty is granted to the defendant No.1 to approach the Registry, through counsel, for seeking release of the said amount, with interest, if any, accrued thereon.

12. In view of the affidavits filed by the plaintiff and the defendants No.3 & 4 and the amounts received by them, as agreed, all the parties jointly state that the defendant No.1 be declared as the sole, absolute and exclusive owner of the property bearing No. A-53, Vasant Marg, Vasant Vihar, New Delhi and the commercial property/office space bearing No.C-001A, First Floor, Super Mart Commercial Complex-I, DLF Qutab Enclave Complex, Phase IV, Gurgaon, Haryana. Ordered accordingly.

13. The suit is decreed in terms of the settlement recorded on 7.11.2014 and hereinabove, along with the pending applications, while leaving the parties to bear their own costs.

14. The date already fixed in the matter, i.e., 9th March, 2015, stands cancelled.

JUDGE FEBRUARY 25, 2015 sk