Delhi High Court - Orders
Ashish Choudhary & Ors vs Harbaksh Kaur Sandhu & Ors on 3 June, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 364/2022 & I.A. 9618/2022(O-XXXIX R-1 & 2 of CPC), I.A. 9619/2022 (O-XXVI R-9 of CPC), I.A. 9620/2022 (for exemption), I.A. 9621/2022 (exemption for filing lengthy synopsis) ASHISH CHOUDHARY & ORS. ..... Plaintiffs Through: Mr. Samar Bansal with Mr. Harsheen Madan Palli, Advocates along with plaintiffs in person. versus HARBAKSH KAUR SANDHU & ORS. ..... Defendants Through: Mr. Shadman Ahmed Siddiqui and Ms. Srishti Khanna, Advocates along with defendants in person. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL ORDER
% 03.06.2022 CS(OS) 364/2022
1. The present suit has been filed seeking relief of permanent and mandatory injunction and other ancillary reliefs in respect of property bearing no.30, Anand Lok, New Delhi-110049.
2. At the outset, before issuance of summons in the suit, counsels for the parties have handed over in Court an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) stating that the parties have compromised the suit amongst themselves and a decree in respect of the same may be passed.
3. Application is taken on record. Let the same be numbered.
4. The said application is duly signed by all the parties to the suit and is Signature Not Verified Digitally Signed By:AMIT BANSAL CS(OS) 364/2022 Signing Date:03.06.2022 Page19:05:23 1 of 2 supported by the affidavits of the parties to the present suit.
5. All the parties are present in the Court.
6. The terms of the settlement along with the site plans of the terrace as well as the stilt area of the suit property have been filed.
7. I have gone through the aforesaid terms and the site plans and do not find anything unlawful therein.
8. Parties shall remain bound by the terms of the said settlement.
9. Accordingly, the suit is decreed in terms of the aforesaid settlement. The terms of the settlement along with the site plans shall form part of the decree passed by the Court.
10. Decree sheet be drawn up.
11. All the remaining applications stand disposed of. I.A. 9622/2022 (u/S 149 CPC)
12. The present application has been filed on behalf of the plaintiffs for enlargement of time for paying the deficient Court Fees.
13. In view of the fact that the matter has been settled between the parties on the first date of hearing itself, even before the issuance of summons, the plaintiffs are exempted from payment of Court Fees. Reference in this regard may be made to judgement of High Court of Judicature at Madras, Represented by its Registrar General v. M.C. Subramaniam and Ors., (2021) 3 SCC 560, followed by this Court in Western Infrabuild Products LLP v. Western Steel India and Ors., 2022 (89) PTC 407 (Del).
14. The present application stands disposed of in above terms.
AMIT BANSAL, J.
JUNE 3, 2022/at Signature Not Verified Digitally Signed By:AMIT BANSAL CS(OS) 364/2022 Signing Date:03.06.2022 Page19:05:23 2 of 2