Col. R.S.Ahluwalia & Anr. v. Captain P.S.Ahluwalia & Ors.

Delhi High Court · 17 Nov 2009 · 2009:DHC:4831
Shiv Narayan Dhingra
CS(OS) No. 2626/1998
2009:DHC:4831
civil other

AI Summary

The Delhi High Court passed a final decree incorporating the parties' compromise in a partition suit, thereby giving the settlement the force of a court decree.

Full Text
Translation output
CS(OS) No. 2626/1998 & IA no. 6369/2009 HIGH COURT OF DELHI
17.11.2009 Col. R.S.Ahluwalia & Anr. ... Plaintiffs
Through: Brig. R.S.Ahluwalia, Plaintiff-in-person
VERSUS
Captain P.S.Ahluwalia & Ors. ... Defendants
Through: Mr. L.M.Asthana, Advocate for D-1&2 Mr. Kirti Uppal, Advocate for D-3
JUSTICE SHIV NARAYAN DHINGRA
JUDGMENT

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest? ORDER Plaintiff filed the present suit for partition, rendition of accounts, declaration and permanent injunction in respect of HUF properties viz. D-266, Defence Colony, New Delhi and business of M/s Premier Security Services Pvt. Ltd. A prayer in the suit is also made for appointing Local Commissioner for partition of the suit property by metes and bounds in accordance with the shares of the parties. During pendency of the suit, the parties sought help of Mediation Cell so as to settle the matter between them and ultimately a compromise was arrived at between the parties on 16th October, 2008. The parties decided to settle the entire claim in respect of partition of the property, business etc. in terms of the compromise. Under the compromise defendant no.1 & 2 were to pay to the plaintiff and to defendant no.3 an amount of Rs.[3] crore each against all their claims in the immovable property and business and parties had agreed on the mode of payment of a part, however, regarding installments the matter was left open and further talks could not take place on installments. Today when the 2009:DHC:4831 matter is taken up it is requested by the parties that a final decree in terms of the settlement be passed so that the compromise between the parties is given a shape of adjudication and the parties shall be free to execute a decree. With consent of the parties, the claim of the plaintiff and defendants in HUF properties is settled and decreed in terms of compromise dated 16th October, 2008. Decree Sheet be prepared in terms of the compromise. The compromise dated 16th October, 2008, arrived at between the parties shall form part of the decree. November 17, 2009 SHIV NARAYAN DHINGRA, J. vn