Ranjana @Dharmati v. Ram Dulare & Ors.

0 SHRI RAM DULARE Plaintiff Through: None.

VERSUS

SI-TRI AMIT SAXENA & ORS. Defendants Through: Mr. Mobin Akhtar, Adv. CORAM: HON'BLE MR.

JUSTICE RAJIV SAHAI ENDLAW ORDER % 23.01.2013 IA No.1146/2013 (of the parties u/O 23 R-3 of the CPC) in CS(OS) 13 48/2009'

1. It has come on record that the defendant No.1 has died. Though no application for substitution of his legal representatives has been filed till date but the same will not come in the way of considering this application, inasmuch as the other parties to this suit are the legal representatives of the defendant No.1 and are already on record. CS(OS) 1348/2009 & CS(OS) 1844/2009 2013:DHC:6684 The plaintiff had sued for partition of two immovable properties in the name of the defendant No.1. Now upon the demise of the defendant No.1, the other parties, who as aforesaid are the wife and only children of the defendant No.1, have signed a Compromise I MOU dated 21.01.20 13 dividing the said two properties between them. The counsel for the plaintiff states that the said Compromise / MOU is signed by all the parties and the compromise application is also accompanied by the affidavits of all the parties. It is also stated that all the P parties are present in person in the Court today. The parties seek a decree in terms of Compromise I MOU dated 21.01.2013. The Compromise aforesaid is found to be lawful. Though the plaintiff under the said partition has given up share in the residential property and the defendants No.6 to 8 have given up share in both the properties but the same does not make the Compromise unlawful. The application is accordingly allowed and the suit is decreed in terms of the Compromise / MOU dated 21.01.2013 which shall form part of the decree. The decree sheet be drawn. The parties to bear the stamp duty on the decree sheet in proportion to their respective shares in the properties, with the parties who have not taken any share being not liable for any stamp duty. The parties are further ordered to be bound by the terms and conditions contained in the Compromise / MOU dated 21.01.2013. If any of the parties fails to abide by thereto, the others shall be entitled to seek execution against him I her. No costs. CS(OS) 1348/2009 & GSOS) 1844/2009 IA No.1145/2013 (of the parties u/O 23 R-1 of the CPC) in CS(OS) No.1844/2009 This suit was filed by the plaintiff (defendant No.1 in CS(OS) No.1348/2009) for possession of one of the properties against some of his children who are in possession thereof The plaintiff (defendant No.1 in CS(OS) No.1348/2009) has died and application for substitution of his legal heirs is pending. Though no order has been made thereon but in view of the settlement in CS(OS) No.1348/2009 above, which was for partition, this suit is sought to be withdrawn by the widow of the plaintiff (defendant No.1 in CS(OS) No.1348/2009). The parties having settled the matter and all the legal heirs of the plaintiff (defendant No.1 in CS(OS) No.1348/2009) having signed the Compromise / MOU dated 21.01.2013, copy whereof is filed along with this application also, the suit is permitted to be withdrawn leaving the parties to bear their own costs. The date 02.04.20 13 before the Joint Registrar is cancelled.