Delhi High Court - Orders
Shri Uday Kaushish vs Shri Sanjay Kaushish & Ors on 23 November, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 414/2008
SHRI UDAY KAUSHISH ..... Plaintiff
Through: Mr. Dinesh Garg, Advocate with Ms.
Rachna Agrawal, Advocate alongwith
Plaintiff in person.
versus
SHRI SANJAY KAUSHISH & ORS. ..... Defendants
Through: Mr. Kunal Sinha, Advocate for D-1.
Mr. S.P. Das, Advocate for D-2 to
D-5.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 23.11.2021 [VIA HYBRID MODE]
I.A. 15179/2021 (Under Order XXIII, Rule 3 and 3A read with Section 151 of the Code of Civil Procedure, 1908) in CS(OS) 414/2008
1. This is a joint application on behalf of the Plaintiff and all Defendants under Order XXIII Rule 3 and 3A, read with Section 151 of the Code of Civil Procedure, 1908 seeking the following prayers:
"a) Take on record the Memorandum of Family Settlement dated 12.11.2021 arrived at between the parties amicably;
b) Issue appropriate directions in the present case and dispose off the present suit at this stage of passing of Preliminary Decree between the parties;
c) grant leave to the parties to approach the court for passing of Final Decree in accordance with law in the event the parties are not able to resolve the dispute by selling of the properties as per Agreement out of the Court within the reasonable period;"CS(OS) 414/2008 Page 1 of 3
2. Mr. Dinesh Garg, Mr. Kunal Sinha and Mr. S. P. Das, counsel for the Plaintiff, Defendant No. 1 and Defendants No. 2 to 5 respectively, jointly submit that the parties have entered into a settlement by way of a 'Memorandum of Family Settlement' dated 12th November, 2021, copy whereof is enclosed with the application. Under the said Family Settlement, the parties have inter alia agreed to divide the suit properties by way of sale, by compromise out of the Court. It is pointed out that a preliminary decree has already been passed by this Court vide Order dated 24th March, 2009 and counsel jointly pray that the suit may be disposed of at this stage in view of the Family Settlement - granting liberty to the parties to approach the Court, in the event they are not able to resolve their disputes as agreed.
3. The Court has considered the submissions of the parties and perused the aforenoted Family Settlement, in which it is inter-alia provided as under:
"6. That the parties shall file copies of the settlement before the respective courts, revenue authorities etc. for appropriate order/orders to record the compromise. The parties shall jointly file application under Order XXIII Rule 3 read with section 151 of CPC to record the present settlement in C.S.(OS) No.3411/2015 and C.S.(OS) No. 414/2008 and pray for passing of a consent order in terms of the settlement which is final, binding and irrevocable."
4. The application is duly supported by the affidavits of the parties. The Plaintiff - who is present in person, confirms having executed the affidavit accompanying the application.
5. In view of the above, the Memorandum of Family Settlement dated 12th November, 2021 is taken on record. The suit is disposed of, at the stage of the preliminary decree. In the event, parties are not able to resolve their disputes by sale of properties, as stipulated in the Family Settlement, they shall be at liberty to approach this Court for passing of the final decree in CS(OS) 414/2008 Page 2 of 3 accordance with law, in which event decree will be passed, if so required, after requisite payment of non-judicial stamp duty.
6. The suit and all the pending applications are disposed of.
SANJEEV NARULA, J NOVEMBER 23, 2021 nd CS(OS) 414/2008 Page 3 of 3