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+ IN THE IIIGII COURT OF DEI,III AT NEW DT]LHI
'l CS(OS) No.371l2011
J.M KAPUR ..... Plaintiff
Through:Mr. Sanj ay Chaudhary, advocate
Through:Mr.Sandeep Grover, advocate.
16.0s.2011
CS(OS) no.37ll2011
ORDER
1. A settlement agreement dated 2nd May, 20lI duly signed by the parties in the instant case has been received from the Delhi High Court Mediation & Conciliation Centre and is placed on record.
2. Learned counsel for the parties identify the signatures of the ptiintiff and the defendant on the aforesaid agreement. The same is also signed by their counsel as well as the learned mediator. The -f ' turru of the settlement are set out in para 6 of the settlement agreement.
3. The defendant' has given an undertaking in the settlement agreements to remain bound by the terms of the same. The settlement agreement appears to be in writing, voluntary and bonafide and entered into without any undue influence. There is no legal impediment in taking the same on record.
4. The settlement agreement dated 2nd May, 201-I is accepted and taken on record. The parties shall remain bound by the same. The 2011:DHC:13723.\.iF a undertakings given by defendant accepted. settlement agreement are
5. ln view of the above, it is directed that:- (a) the suit of the plaintiff shall stand decreed in terms detailed in para 6 of the settlement agreement dated 2nd May, 2OLJ; (b) accordingly a decree of ejectment shall be drawn in favour of the plaintiff and against the defendant in respect of the property being the first floor of 102, Malcha Marg, New Delhi; (c ) in terms of the aforesaid settlement agreement the plaintiff shall permit the defendant to occupy the same till 20th November, 2011 and thereafter the defendant shall handover vacant and peaceful I possession of the property in question to the plaintiff;
(d) the parties shall abide by the terms of the settlement detailed in paras 6(b) an (c) with regard to the payment of rent/damages. (e) the undertakings of the parties given in the settlement agreement are accepted and they shall remain bound by the same. (f) The Registry shall issue a certificate in the prescribed form under Section 16 of the Court fees Act and under the provisions of Section 89 of t'he Civil Procedure Code to obtain refund of the courL fees so paid. The suit is disposed of in the above terms. -{ lA no.247Ll20LL In view of the orders passed today in the main suit, this application does not survive for adjudication and is dismissed as such. z: in the MAY L[6], 20L[1]. rds )eJr n[6]