Sanjay Walia v. The State & Ors.

Delhi High Court · 03 Mar 2016 · 2016:DHC:9171
Valmiki J. Mehta
Test. Cas. 81/2011 and I.A. No.3021/2016
2016:DHC:9171
civil appeal_allowed

AI Summary

The Delhi High Court disposed of probate petitions as not pressed following a family settlement, binding parties to its terms and directing withdrawal of related civil proceedings.

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$- i(l <- HIGH COURT OF DELHI
TEST.CAS. 81/2011 and I.A. No.3021/2016 (under Order 23 Rule 3
CPC)
SANJAY WALIA Petitioner
Through: Mr. Dhiraj Sachdeva, Advocate with petitioner in person.
VERSUS
THE STATE & ORS.
/- Respondents
Through: Mr. Rajiv K. Garg, Advocate with Mr. Ashish Garg, Advocate for respondents with respondents in person.
TEST.CAS. 15/2012 and I.A. No.3022/2016 (under Order 23 Rule 3
CPC)
SNEH WALIA Petitioner
Through: Mr. Rajiv K. Garg, Advocate with Mr. Ashish Garg, Advocate.
VERSUS
THE STATE & ORS. Respondents
Through: Mr. Dhiraj Sachdeva, Advocate for respondent No.4.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J. MEHTA
03.03.2016
ORDER

1. Parties to these testamentary cases have arrived at a written Test. Cas. Nos.8112011 & 1512012 2016:DHC:9171 'Iv family settlement dated 26.2.2016. Copy of this family settlement has been filed alongwith the applications. All the parties to the family settlement are personally present in the Court.

2. Accordingly, the probate petitions are disposed of as not pressed but parties will be bound by the terms of the family settlement dated 26.2.2016. It is clarified that since petitions are probate petitions, no decree can be passed, however, parties have stated before this Court that they are bound by the terms of the family settlement dated 26.2.2016 and will act accordingly.

3. Smt. Sneh Walia (petitioner in Test. Cas. No.15/2012) will withdraw her suit being CS(OS) No.1588/2012 which is pending in the concerned district court.

4. Next dates of 3 1.3.2016 before the Local Commissioner and 21.7.2016 before the Court will stand cancelled.