Delhi High Court - Orders
Shri Sanjay Kaushish vs Shri Uday Kaushish & Others on 24 November, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3411/2015
SHRI SANJAY KAUSHISH
..... Plaintiff
Through : Mr.Kunal Sinha, Advocate.
versus
SHRI UDAY KAUSHISH & OTHERS
..... Defendants
Through : Mr.Dinesh Garg with Ms.Rachna
Agrawal, Advocate for D-1 with D-1
in person.
Mr.S.P.Das, Advocate for D-2 to 5.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 24.11.2021 IA No.15313/2021 in CS(OS) 3411/2015
1. This is a joint application moved by the plaintiff and defendants No.1 to 5 under Order 23 Rule 3 and 3A CPC.
2. The plaintiff had filed a suit for declaration and recovery of Rs.3,20,00,000/- with interest.
3. Initially the suit was filed against six Defendants, but later, vide an Order dated 06.12.2016, the name of Defendant No.6 was deleted.
4. During the pendency of the suit, with the endeavour of counsels for the parties, the parties agreed to resolve their dispute and finally arrived at a settlement and have signed a Memorandum of Family Settlement pursuant whereto, Defendant No.1 and Defendant No.2 to 5 have offered to refund the advance received from the Plaintiff upon sale of Sheila Cinema property in the manner as stipulated in the said settlement and in lieu thereof the Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:25.11.2021 16:20 Plaintiff has agreed to forego his claim of Declaration, interest and costs and to withdraw the Suit. The Memorandum of Family Settlement dated 12.11.2021 is on record and Power of Attorney of defendant No.3 and 4 is also on record. The parties hereto have identified a prospective buyer who will purchase the Sheila Cinema Property owned by the parties hereto and will distribute the sale proceed amongst them in the manner as provided in the Sale Agreement. The said Sale Agreement is subject to the prospective buyer fulfilling the terms and conditions of the said agreement and making the payment within the stipulated period. This application is for brining on record Memorandum of Family Settlement dated 12.11.2021 and to dispose of the suit.
5. It is stated a similar suit bearing CS(OS) No.414/2008 is also disposed of in terms of Family Settlement dated 12.11.2021.
6. In lieu thereof this suit is also disposed of and is decreed in terms of Family Settlement dated 12.11.2021.
7. The application also stands disposed of.
8. The decree sheet be prepared in accordance with terms and conditions set forth in para 1 to 10 of the Family Settlement dated 12.11.2021.
YOGESH KHANNA, J.
NOVEMBER 24, 2021 VLD Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:25.11.2021 16:20