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{< ITV TI'!E I-IIGFII CO[''RT OtF DELI-dI AT NEW DEI.I{I
+ cs(os) ]-2931207.1
% Crrder delivered on: A3.1A'20L1
RAKESH JAIN ..... Plaintiff
1-hrough: lvlr.BanamaliShuklaand
Mr.S.S. Sfrukla, Advocates alorrg with plaintiff
VCTSUS rvAN JAIN .. .. Defendani
1'hrough: tvlr.\/ivek .Sharma, Advocate al org vvith defenda rrt.
COIIAVJ: l{Ohl' B[-E MR. jIUSTICE'G.S. $*15 !*tlHA. 1. Wlret.hcr the Reportetrs of le{,af papers may Lre alloweci to see the judfrttent'l
JUDGMENT
2. 1f o be rcierred ln Report;e,r clr rrot?
3. whether the jr-,idgnrcht sl'rpuld be reporteci in tlre Digest? G, 5. 5 r sTAhl.L_J. ( CJ8lAUl.
1. Plaintiff l'ras filf:cl pre:;cnL suit 'for i'(l(,over'/ of Rs.40,00,000/- against his son, defc-:ndanf hereiri. l'{arring regard l.o thr: relationship, parties agreer:l [o cxplore thc possibility of an anricable setl.lement. Mi".Aly IVlirza, advOcate, whO WaS present:n court, WES dprgointed,. as a meciiator ancJ the nr;ltter was passed over once. At the second call counsei for the parties ori instructions from their respective clients, who are present in corrrL, submit tfrat pan-:ies have arrived at an amicable settlernent. Pursuant to tlre settlernent, cjei'endant cs(os) 72%/2a7i 2011:DHC:15207 \,[1] has agreed to pay a sum of Rs.40,00,000/- to the plaintiff in full and final settlement. Defendant has handed over a cheque in the sum of Rs.5,00,000i- to the plaintiff, and undertakes that the same shall be encashed on presentation. Plaintiff has accepted the cheque. As agreed, defendant has also undertaken to court that the balance sum of Rs.35,00,000/- shall be paid in monthly instalment of Rs.50,000/- and in case of two consecutive defaults, the entire suit amount shall become due and payable with interest. Defendant does not wish to contest the suit and it is agreed that the suit be decreed together with interest @ I0%. The plaintiff has agreed to t the settlement. l'he statements of the parties have been recorded separately. Accordingly, in view of the settlement the present suit is decreed in the following terms:
(l) Suit is decrced for a sum of Rs.40.00 lacs together with interest @ Rs.10% from the date of filing of the suit till realizat.ion;
(ll) In case the cheque of Rs.5.00 lacs is encashed and the defendant continues to pay installment of Rs.50,000/-, per month, the decree shall stand satisfied;.
(lll) In case of two consecutive defaults the plaintiff shall be free to execute the Cecree {orthwith; and
(lV) lt is agreed that defendant will be free to meet his parents.:3,t ?cs(os) 7293/2077 Poge 2 of 3.\ I "t' ?r',r|, -) 2'Thematterhasbeensett|edamicab|y.Havingregardtothe relationship between the parties, the defendant has hugged and touched the feet of his father, plaintiff herein. The plaintift has accepted the gesture of his son' since the matter is resolved through mediation, $laintiff is cntit'led to refund of the entire Cour'' \tjFeeinterrnsofSect,iolt]6oft,heCour+,FecAct. t "'\r t.A. N1o.8624/2o11 G
3. ln view of order passed in thc suit, thel application stands disposed of. ocroBER 03, 20ll" SSN E - s- <2'G'^'\t"J zl G.S.SlsTAhIE,J-- -frr.r", lp' fe Vt |n ( F"o acfiun.f t O*l- l-* ) -b[6] ?ro*1r[1], _ s*t io d"v*"-f cs(os) 72e3/2077 Fage 3 aj 3