Full Text
CS (OS) No. 219 of 2013 MASTER YUGAM TIWARJ Plaintiff
Through: Mr. Kirti Uppal, Senior Advocate with
Mr. Sagar Pathak and Miss Vibha Dhawan, Advocates.
Through: Mr. Rama Shankar, Advocate.
ORDER
1. For the reasons stated therein, this application is allowed. The mother, Mrs, Reema Tiwari, is substituted as natural Guardian ofthe Plaintiff
2. The application is disposed of lA No. 6053 of 2013 (u/O XXIII Rule 3 CPC)
3. This is an application filed jointly by the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 for taking on record the Memorandum ofUnderstanding ('MOU') dated 22"^ March 2013 that has been entered into between the Plaintiff and Defendants 1 to 3 before the CS (OS) No. 219of2013 pa„e 1of[4] 2013:DHC:6732 Delhi High Court Mediation and Conciliation Centre ('DHCMCC')- Para 6 ofthe MOU reads as under: "6. The following settlement has been arrived at between the parties hereto: (a) It is agreed between the parties that the First Party is entitled to get 1/4^ share of the property in question bearing H.No. 185, measuring 173 sq. yards, Ground and First Floor, situated at Ram Vihar, Near Anand Vihar, Delhi - 92 as per right of his father and her husband Late Shri Pankaj Tiwari. It is agreed between the parties that whatever amount they will receive by sale proceeds of this property. First Party will receive 1/4 share of the sale proceeds. This is the share of his father Late Shri Pankaj Tiwari and her husband late Shri Pankaj Tiwari as per the Settlement. The First Party had already received an amount of Rs. 10 lakhs on 19*^ March 2013 from the Second Party. (b) The Plaintiff is ready to withdraw the same suit bearing CS (OS) No. 219 of 2013, therefore, the Plaintiff will have to move an application for withdrawing the above mentioned petition as soon as possible."
4. The application has been signed by the natural Guardian of the Plaintiff and Defendant Nos.l to 3. The application has been supported by the CS(OS) No. 219of2013 Page2of[4] / affidavits ofthe natural guardian ofthe Plaintiffand the Defendants^s. 1 to 3.
5. For the reasons stated therein, the application is allowed and the terms of settlement as set out in para 6 of MOU is taken on record. The MOU shall form partof the present order. CS (OS) No. 219 of 2013. lA Nos. 1863 of 2013 ru/O XXXIX R 1 & 2 CPQ & 8543 of 2013 Tu/O XXXII Rule 8 CPO
6. It is stated that the Family Settlements dated 9*^ April 2013 and 12*^ May 2013 have been entered into between the Plaintiff and Defendants 1 to 3. The Family Settlements are taken on record and shall form part of the present order.
7. The suit is decreed in terms of the Family Settlements dated 9^ April 2013 and 12*^May 2013 and the MOU dated 22°" March 2013. The pending applications are disposed of
8. Decree sheet be drawn up accordingly.
9. Since the matter has been disposed as settled between the parties prior to recordmg of evidence and pursuant to the parties being referred to the CS(OS)No.219of2013 DHCMCC, under Section 89 CPC, the Plaintiffis entitled to refund ofentire court fees paid by the Plaintiff at the time ofthe institution ofthe suit in terms of Section 16 of the Court Fees Act. The Registry will, within four weeks, issue the necessary certificate in favour of the Plaintiffaddressed to the Collector ofStamps entitling the Plaintiff to refund ofthe entire court feespaid by the Plaintiff. JULY IS, 2013 S.Ml,RALIDHAR,J Rk CS(OS) No. 219of2013 Page 4 of[4]