94ce89f35832b476def502fb2223a01491b7faa2861922e4e243cb0d65a595ec

Delhi High Court · 02 Jun 2011 · 2011:DHC:19521
CS(OS) No. 762/2008
2011:DHC:19521
civil appeal_allowed

AI Summary

The court decreed a partition suit based on a mutual settlement reached through mediation and granted refund of court fees under the Court Fees Act.

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Present: Mr. Parvir K. jain & Mr. Uday Jain, Counsel for plaintiff.
1-26
Mr. Puneet Aggarwal, Counsel for defendants No. 1 to 8.
Mr. Karimuddin, Counsel for defendants No. 9 to 15.
+ I.A. No. 9702/2011 (u/0 23 R 3 r/w sec. 151 CPC) in
CS(OS) No. 762/2008
*
This suit for partition and injunction stands mutually and amicably settled between the parties outside the Court vide Agreement of 27th May, 2011, which has led to filing of this joint application, which is duly signed by the plaintiffs and defendants No. 1 to 15 and their respective Counsels and is also supported by the Affidavits of the parties. Counsels for the parties state that this suit be decreed in terms of Paragraph
No.4 & 5 of the Agreement of 27th May, 2011.
Heard.
In the light of the above and in view of the reasons stated in the application, the same is allowed and this suit stands decreed in terms of Paragraph No. 4 & 5 of the
Agreement of 27th May, 2011. Decree sheet be accordingly drawn.
CS(OS) No. 762/2008
In view of the orders passed in I.A. No. 9702 of
CS(OS) No. 762 of2008 Page 1
2011:DHC:19521
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2011, the date of 15th july, 2011 fixed in this matter stands cancelled and this suit stands decreed in terms of Paragraph
No. 4 & 5 of Agreement of 27th May, 2011. Decree sheet be accordingly drawn. Needles to state that parties shall remain bound by the terms thereof.
This suit stand disposed of.
I.A. No. 9701/2011 (u/S 151 CPC) in CS(OS) NO. 762/20CJ,E
Since this matter has been settled through the medium of Delhi High Court Mediation and Conciliation Centre, the plaintiff would be entitled to refund of the Court fee in terms of Section 16 of the Court Fees Act. 1870. The requisite
Certificate for refund of Court fees be issued to Counsel for plaintiff. june 02, 2011 rs
CS(OS) No. 762 of2008 Page 2
2011:DHC:19521
JUDGMENT