Smt. Reena Arora v. Sri Rajeev Sachdeva & Ors.

Delhi High Court · 06 Jan 2016 · 2016:DHC:77
Hima Kohli
CS(OS) 1606/2015
2016:DHC:77
civil appeal_dismissed

AI Summary

The Delhi High Court disposed of a property dispute suit based on an out-of-court settlement between siblings and directed refund of 50% court fees under Section 16A of the Court Fees Act.

Full Text
Translation output
CS(OS) 1606/2015
HIGH COURT OF DELHI
CS(OS) 1606/2015 & IA No.11617/2015
SMT. REENA ARORA ..... Plaintiff
Through: Mr. Jagdeep Vats and Mr.Dharmender Sharma, Advocates with plaintiff in person.
VERSUS
SRI RAJEEV SACHDEVA & ORS. ..... Defendants
Through: Mr. Sanjeev Bhandari, Advocate with D-1 in person
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 06.01.2016
JUDGMENT

1. The present suit has been instituted by the plaintiff for the relief of declaration to the effect that the Relinquishment Deed executed by her in favour of the defendant No.1, in respect of three shops and one immoveable property situated in Paharganj, New Delhi, be declared as null and void.

2. Counsels for the parties state that during the pendency of the suit, the parties who are related to each other, being sister and brother, have arrived at an out of court settlement duly recorded in a Memorandum of Understanding dated 30.12.2015. True copy of the said document is handed over by the counsels for the parties and is 2016:DHC:77 CS(OS) 1606/2015 taken on record.

3. Counsel for the plaintiff states on instructions that the plaintiff does not wish to pursue the present suit any further.

4. In view of the aforesaid submission, the suit is disposed of, along with the pending application.

5. At this stage, counsel for the plaintiff states that as the parties have arrived at an out of court settlement before the stage of framing of issues, the plaintiff may be issued a certificate for refund of 50% court fee affixed on the plaint.

6. In view of the aforesaid submission, the Registry is directed to issue a certificate of refund of 50% court fee to the plaintiff under Section 16A of the Court Fees Act. File be consigned to the record room. HIMA KOHLI, J JANUARY 06, 2016 mk