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Vinod Kumar Aggarwal & Ors vs Jatinder Kumar Aggarwal on 17 September, 2021

Author: Jayant Nath

Bench: Jayant Nath

                          $~OS-17
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(OS) 407/2021

                                VINOD KUMAR AGGARWAL & ORS...... Plaintiffs
                                             Through    Mr. Dinesh Garg and Ms.Rachna
                                             Agrawal, Advs.
                                             Versus
                                JATINDER KUMAR AGGARWAL ..... Defendant
                                             Through    Mr.Vandana Bhatnagar, Adv.
                                CORAM:
                                HON'BLE MR. JUSTICE JAYANT NATH
                                             ORDER

% 17.09.2021 This hearing is conducted through video-conferencing. IA No. 12090/2021 This application is filed under Order 23 Rule 3 and 3A CPC seeking a decree in terms of para 3 of the application read with the terms of the Memorandum of Family Settlement dated 01.04.2018.

It is stated in this application that it is agreed by the parties that they accept and confirm partition as per the oral family settlement dated 24.03.2018 as recorded in writing in the form of Memorandum of Family Settlement dated 01.04.2018.

The present application is signed by the plaintiffs and the defendant. It is also signed by the respective counsel for the parties. The parties have also filed their affidavits in support of the application. The copy of the Memorandum of Family Settlement is also attached to the application.

The learned counsel for the defendant has also entered appearance and supports the application.

Parties shall remain bound by the terms and conditions of the Memorandum of Family Settlement dated 01.04.2018.

The application is allowed.

CS(OS) 407/2021 A decree is passed in terms of para 3 of the above application and in terms of the Memorandum of Family Settlement dated 01.04.2018 which shall form part of the decree sheet.

The suit and all pending application stand disposed of. The plaintiff shall also be entitled to refund of the full court fees in view of the judgment of the Supreme Court in the case of High Court of Judicature at Madras vs. M.C.Subramaniam & Ors., (2021) 3 SCC 560.

The next date of hearing i.e. 11.11.2021 stands cancelled.

JAYANT NATH, J SEPTEMBER 17, 2021 rb Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:19.09.2021 22:38:48