SHRI HARISH BAJAJ v. SHRI YOGI BAJAJ & ORS.

1. This is an application filed by the plaintiff and defendant nos. 1 to 3 under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) for recording of compromise arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre on 04.07.2024.

2. The Settlement Agreement dated 04.07.2024 (‘Settlement Agreement’) executed between the parties has been placed on record.

3. Learned counsels for the parties state that parties have agreed to partition the suit property by metes and bounds as recorded in the Settlement Agreement and depicted in the Site Plan attached thereto.

4. Learned counsels for the parties have explained that the portion marked in blue in this Site Plan attached with Settlement Agreement is identified as Part A and the said portion has fallen to the share of plaintiff herein. It is further stated that blue portion abuts the neighbour’s property which is plot no. 1/1 Kirti Nagar Industrial Area, New Delhi. The parties further explain that the portion of the Site Plan marked in red has fallen to the share of defendant nos. 1 to 3 and has been identified as Part B in the Settlement Agreement. He states that this red portion abuts the neighbour’s property bearing plot no. 1/3 Kirti Nagar Industrial Area, New Delhi.

5. The partition of the red and blue portion has been marked on the Site Plan by drawing a broken line through the middle of the said plan. The parties jointly request the Court to record that the parties have agreed that to avoid any ambiguity as regards the location of the middle line dividing these two portions, the parties shall lay a foundational wall of four (4) lines of bricks and install a iron grill thereon to demarcate the two separate portions. The parties state that the height of this foundational wall along with the grill will be up to four feet. 5.[1] It is stated said erection of the foundational wall along with the iron grill will be carried out within 45 days and parties will share expenses equally. It is stated that the land area to be devoted for constructing this foundational brick walls will be shared by the parties equally from both the portions.

6. The parties agree that this partition of land by metes and bounds is not binding on land owning agency or any statutory agency, however the parties, their legal heirs, legal representatives and assigns shall be bound by this partition of metes and bounds. The parties state that they have voluntarily agreed to this partition of metes and bounds and are willing to be bound by the same.

7. The plaintiff is present in person and defendant nos. 1, 2 and 3 have joined through video conferencing. The parties have stated before this Court that they have entered into this Settlement Agreement voluntarily, with free consent and without any coercion. This Court has perused the terms of settlement and is satisfied that the agreement is lawful.

8. The application is accordingly, allowed and Settlement Agreement is taken on record. Suit is decreed in terms thereof. Decree Sheet be prepared in terms thereof.

9. Learned counsel for the plaintiff prays that in view of the fact that the matter has been settled in mediation held at the Delhi High Court Mediation and Conciliation Centre, the Court fees paid with the suit be refunded to the plaintiff. He states that the matter was settled at an early stage even prior to the completion of pleadings.

10. This Court has considered the submissions of plaintiff and in terms of Section 16 of the Court Fees Act, 1870 the prayer for refund of Court fees is hereby allowed. The registry is directed to issue the refund certificate within four (4) weeks in the name of plaintiff.

11. Pending applications stand disposed of.

12. All the future dates stand cancelled.

MANMEET PRITAM SINGH ARORA, J JULY 25, 2024/hp/sk