Delhi High Court - Orders
Mrs Madhuri Hingorani vs Mrs Nandni Pattani & Ors on 7 October, 2022
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 529/2016
MRS MADHURI HINGORANI ..... Plaintiff
Through: Mr. Manuu Nayar,
Ms. Samvartika Pathak and
Mr. Nitin Kumar Advocates
with plaintiff in person.
versus
MRS NANDNI PATTANI & ORS ..... Defendants
Through: Mr. Jeevesh Nagrath, Ms. Kirti
Mewar and Mr. Arjun Gaur,
Advocates for D-1 with D-1 in
person (Ph.9810710058, e-mail:
[email protected]).
Mr. Amitabh Chaturvedi,
Mr. Sangeeth Mohan K. and
Mr. Ankit Monga, Advocates
for D-2 and 3 with D-2 and 3 in
person (Ph. 8587868028,
e-mail: [email protected])
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 07.10.2022 I.A. 16313/2022
1. This is a joint application under Order 33 Rule 3 read with Section 151 of CPC filed on behalf of parties.
2. It is submitted that during pendency of the present suit proceedings, parties have arrived at a settlement. Parties in person are also present. This Court has interacted with Mrs. Madhuri Hingorani Signature Not Verified Digitally Signed CS(OS) 529/2016 Page 1 of 7 By:PREETI Signing Date:11.10.2022 15:14:51 (plaintiff), Mrs. Nandni Pattani (defendant No.1) and Mr. Sanjay Pattani (defendant No.2). They all state that they have no objection and further confirm and acknowledge the Memorandum of Family Settlement dated 17.05.2007.
3. By way of present application, it has been submitted that the parties have settled the matter, in the following terms which are reproduced as under:
"a. That the Plaintiff hereby acknowledges and confirms that the registered memorandum of family settlement dated 17.05.2007 executed between herself (the Plaintiff), her sister Nandini Pattani (the Defendant No.1) and their mother Smt. Shakuntala Mahesh Chandra (since deceased on 07.09.20 15) and duly registered as Document No.5998 in Addl. Book No. I, Volume No. 7310 on pages 66 to 93 with the Sub-Registrar-V, New Delhi ("the Memorandum"), the registered Will dated 02.08.2006 executed by the Plaintiffs mother Smt. Shakuntala Mahesh Chandra (since deceased on 07.09.2015) and duly registered as Document No. 742 in Addl. Book No. III, Volume No. 1448 on pages 62 to 66 with the Sub- Registrar-III, New Delhi ("the Will"), the registered sale deed dated 18.01.2007 w.r.t. entire Ground Floor of the two-storeyed residential property bearing No. 50, Anand Lok, New Delhi - 110049 ("the Anand Lok Property") executed by the Plaintiffs mother Smt. Shakuntala Mahesh Chandra (since deceased on 07.09.2015) and duly registered as Document No.790 in Addl. Book No. I, Volume No. 694 7 on pages 1 to 300 with the Sub- Registrar-V, New Delhi ("the Sale Deed") and registered codicil dated 23 .01.2007 executed by the Plaintiffs mother Smt. Shakuntala Mahesh Chandra (since deceased on 07.09.2015) and duly registered as Document No. 209 in Book No. III Volume No. 1548 at Pages 127 to 132 with the Sub-Registrar-V, New Delhi ("the Codicil") are valid and legal documents and the same may be declared by this Signature Not Verified Digitally Signed CS(OS) 529/2016 Page 2 of 7 By:PREETI Signing Date:11.10.2022 15:14:51 Hon'ble Court to be legal, valid and binding documents.
b. The Plaintiff hereby undertakes to this Hon'ble Court that she shall always abide by all the terms and conditions of the Memorandum, the Will, the Sale Deed and the Codicil and the same shall always be binding upon her as well as upon all her legal heirs and successors.
c. That the Plaintiff hereby undertakes to this Hon'ble Court that she shall not question the title of her sister Mrs. Nandini Pattani, (Defendant No. 1) over the First Floor of the Anand Lok Property and the title of M/s. Sanjay Pattani HUF (Defendant No.3) over the entire Ground Floor and including any and all outhouses, servant quarters, garages etc. comprising the entirety of the plot and buildings on the property known as 50 Anand Lok, New Delhi in terms of the Memorandum, Will, Sale Deed and Codicil, at any point of time in future and she hereby unconditionally recognizes and accepts their absolute joint ownership of the Anand Lok Property. The Plaintiff hereby also undertakes to this Hon'ble Court that she shall not question the title of her sister Mrs. Nandini Pattani, (Defendant No. 1) over the movable assets (particularly the jewellery and silver) of her parents that have fallen to the share of her sister Mrs. Nandini Pattani (Defendant No. 1) in terms of the Memorandum, Will and Codicil at any point of time in future and she hereby unconditionally recognizes and accepts her absolute sole ownership of such movable assets.
d. That Mrs. Nandini Pattani (Defendant No. 1) as well as M/s. Sanjay Pattani HUF (Defendant No.3) shall not question the title and absolute ownership rights of the Plaintiff Mrs. Madhuri Hingorani over the apartment No. B-5, 5th Floor, Regency Orchards, Bellary Road, Ward No.99, Bangalore ("Regency Orchards Property") and also over the sale proceeds of the property bearing No. 1C Eden Hall, Jayamahal, Bangalore ("Jayamahal Property") and also over the 'Jewellery' and Signature Not Verified Digitally Signed CS(OS) 529/2016 Page 3 of 7 By:PREETI Signing Date:11.10.2022 15:14:51 'Silver' as per the lists prepared by Mrs. Shakuntala Mahesh Chandra, on which the Plaintiff had affixed their signatures (true copies of which are annexed herewith as Document A-4 and Document A-5 respectively), which have fallen to her (Madhuri/Plaintiffs) share in terms ofthe Memorandum i.e., Jewellery:
1. Gold neckless with solitaire diamond.
2. Diamond bracelet.
3. Pair of diamond cluster earrings.
4. Bucherer diamond watch.
5. Pair of large pearl earring with marquise diamonds.
6. Pair of rose diamond solitaires with pearl, sapphire, ruby and emerald gold circles with also two drop pearls.
7. Heavy gold ring with diamond baguettes.
8. Omega gold watch.
9. Two-string pearl necklace.
Silver:
1. Silver cigarette box standing with a floral design embossed on it.
2. Silver paan dan.
3. Silver sweet dish shape of a flower with hall mark stamp on the bottom.
4. Large standing silver bowl with filigree and fish embossed on it.
5. Silver filigree cake stand.
6. Silver shaped like a swan.
7. Silver powder box.
8. Silver lotus stand with figure embossed on it in Kashmiri work.
9. Silver candle stand from Mappin & Webb.
10. Silver candle stand from Mappin & Webb.
11. Silver shaving bowl.
12. Silver flower vase from Krishna Chetty.
13. Small silver bowl embossed with animal Signature Not Verified Digitally Signed CS(OS) 529/2016 Page 4 of 7 By:PREETI Signing Date:11.10.2022 15:14:51 figures.
14. Silver napkin holder.
("Madhuri's Jewellery and Silver"). The Memorandum and the aforesaid Will, Sale Deed and Codicil are all final and shall always be binding upon the parties and upon all their respective legal heirs and successors.
e. The Plaintiff/Madhuri is already in possession of the Regency Orchards Property and is also possessed of the sale proceeds of the Jayamahal Property. However, Madhuri's Jewellery and Silver is presently in possession of Defendant No. 1/Nandini and shall be handed over by her to the Plaintiff/Madhuri at the time of recording of the compromise by this Hon'ble Court.
f. With the said settlement and compromise, all the claims of the parties have been fully satisfied and they shall never raise dispute, of any nature whatsoever, against each other with respect to the subject-matter of the present suit or with respect to the estate of Late Shri Mahesh Chandra and/or Late Smt. Shakuntala Mahesh Chandra.
g. That as the Plaintiff has no surviving claims, she is no longer interested in prosecuting the present suit viz. CS(OS) No. 529 of 2016 titled Mrs. Madhuri Hingorani V s. Mrs. Nandini Pattani & Ors., which may please be decreed in the above terms, making the same as a part of the compromise decree.
h. That the parties shall affirm and file separate affidavits in the present suit and also in FAO(OS) 252/ 2017 undertaking to this Hon'ble Court and the Hon'ble Division Bench to remain bound by these terms of compromise, which affidavits shall also form a part of the compromise decree."
Signature Not Verified Digitally Signed CS(OS) 529/2016 Page 5 of 7 By:PREETI Signing Date:11.10.2022 15:14:514. It is submitted on behalf of learned counsels for the parties as well as the parties who are present in Court that the settlement has been arrived at voluntarily with their own free will and consent, without any force, coercion, fraud, inducement, allurement, compulsion or influence from any quarters whatsoever or any persons whosoever.
5. The parties are present in person and after interaction with the parties, it is seen that the parties are in good health and of sound mind and in their full senses. They confirm that the present settlement has been arrived without any pressure, intimidation and has been arrived at after understanding of the full import of contents of the settlement.
6. The parties have also filed their undertaking/ affidavit dated 05.10.2022, wherein they have undertaken that they shall always abide by all the terms and conditions of the registered Memorandum of Family Settlement dated 17.05.2007. It is directed that the parties shall be bound by their affidavit/ undertaking dated 05.10.2022 filed by them.
7. In view of the aforesaid, while taking the undertaking/ affidavits dated 05.10.2022 on record, the present application is disposed of.
CS(OS) 529/2016
8. In terms of the Family Settlement, defendant No.1 - Mrs. Nandni Pattani has handed over a packet containing jewellery in terms of the details as given in Para 2(d) of the I.A. 16313/2022. The plaintiff confirms receiving all the jewellery and silver in terms of the details as given in Para 2(d) of the I.A. 16313/2022.
Signature Not Verified Digitally Signed CS(OS) 529/2016 Page 6 of 7 By:PREETI Signing Date:11.10.2022 15:14:519. In view of the aforesaid Family Settlement, the present suit is disposed of holding the parties bound by the family settlement and the undertaking/ affidavits dated 05.10.2022 filed by them before this Court.
10. Since the present suit has been settled, the Court fees to the extent of 100% paid by the plaintiff is directed to be refunded to the plaintiff in terms of Section 89 of Civil Procedure Code, 1908 read with Section 16 of the Court Fees Act, 1870.
11. The present suit along with the pending application(s) stands disposed of accordingly.
12. The date of 09.01.2023 is hereby cancelled.
MINI PUSHKARNA, J OCTOBER 7, 2022 PB Signature Not Verified Digitally Signed CS(OS) 529/2016 Page 7 of 7 By:PREETI Signing Date:11.10.2022 15:14:51