Bhupender Kumar v. Sh. Dumesh Kumar & Ors.

Delhi High Court · 25 Jan 2011 · 2011:DHC:6695
Gita Mittal
CS(OS)2/2010
2011:DHC:6695
civil appeal_allowed

AI Summary

The Delhi High Court accepted a valid settlement deed between parties in a property dispute, recorded it as part of the decree, and disposed of the suit accordingly.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS)2/2010
BHUPENDER KUMAR Plaintiff
Through Mr. Rajeev Kumar,Adv. with plaintiff In person
VERSUS
SH.DUMESH KUMAR & ORS. A+ Defendant
Through Mr. Sushil Panwar,Adv. with D-1 in person .
CORAM:
HON'BLE MS.JUSTICE GITA MITTAL
ORDER o/o 25.01.2011 lA No. 1126/2011
JUDGMENT

1. The present application has been jointly filed on behalf of the parties. The agreement entered into between the parties before the lok adalat on 24'^ October, 2010 is enclosed with the application as annexure P-1. The application is signed by the plaintiff as well as all the defendants whose signatures are identified by learned counsels who are present.

2. The application is supported by the affidavit of Sh. Bhupender Kumar, plaintiff herein as well as all the defendants. The copy of the deed of compromise/settlement has been placed on record as annexure P-1. It is undertaken that the parties shall remain bound by the terms of the settlement.

3. It is stated in the application that the parties have agreed to 2011:DHC:6695 - 2 shares in the property and that they shall rennain bound by the terms of compromise/deed of settlement dated 20'^'January, 2011 (Annexure P-1). The portions of the property which vest in and are occupied by the parties are shown In the site plan annexed as Annexure 'A'.

4. The signatures of the parties are Identified by the plaintiff and the defendant no. 1 who are present In court as well as learned counsels appearing In the matter. n

5. The terms of the agreement between the parties are In writing and duly signed by them. There Is no legal Impediment for taking the same on record. In view thereof, It is directed that the undertakings given by the parties are accepted. The parties shall remain bound by the terms of the settlement contained In the deed of compromise/settlement dated 20^''January, 2011 as well as the undertakings given to this court.

6. The application Is allowed. CS(OS)2/2010 f 7. In view of the orders passed In lA No.1126/2011,the suit Is decreed In terms of annexure P-1 thereto. The terms stated in annexure P-1 shall form part of the decree sheet. The parties shall be owners of and continue to occupy the portions shown In the site plan which has been placed on record as annexure A to the deed of settlement. 3 i) lA No. 15/2010

8. In view of the settlement between the parties, this application does not survive for adjudication and shall stand dismissed.

JANUARY 25, 2011 kr GI^MITTAlrrJ^