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Meenakshi Singhal & Ors vs Ashwani Kumar Singhal & Anr on 27 September, 2019

Author: Mukta Gupta

Bench: Mukta Gupta

$~44
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 364/2018
       MEENAKSHI SINGHAL & ORS.                               ..... Plaintiffs
                  Represented by:     Mr. Alok Kumar, Mr. Abhishek Parlithi,
                                      Mr. Akash Dubey, Mr. Sachin K.R. &
                                      Mr. Vaibhav Dubey, Advocates with
                                      plaintiffs in person.
                             versus
       ASHWANI KUMAR SINGHAL & ANR.                           ..... Defendant
                  Represented by:     Mr. Dinesh Kumar Gupta & Mr. Vidit
                                      Gupta, Advs. with defendants in person.
       CORAM:
       HON'BLE MS. JUSTICE MUKTA GUPTA
                             ORDER

% 27.09.2019

1. By this suit, the plaintiffs who are the wife and two children of late Sh.Vijay Kumar Singhal, brother of defendant Nos.1 and 2, seek a declaration to be the owner of 1/3rd share in the property bearing No.366, AGCR Coorporative House Building Society Ltd., now known as AGCR Enclave, Delhi-110092 and a final decree of partition and injunction.

2. During the pendency of the suit, parties have entered into a settlement before the Delhi High Court Mediation & Conciliation Centre on 27th September, 2019. The report dated 27th September, 2019 of the learned Mediator has been received and is taken on record. As per the report of the learned Mediator, the parties have settled the disputes on the following terms :-

"1. That the Second Party has paid to the First Party a total sum of Rs.80,00,000/- (Eighty lakh) by way of Pay Orders/Demand Drafts in the following manner :

              i.     Meenakshi Singhal.        - Rs.30,00,000/-;
              ii.    Ms. Purnima Singhal.      - Rs.25,00,000/-;
              iii. Mr. Vikram Singhal.         - Rs.25,00,000/-.

Copies of the Demand Drafts are enclosed as ANNEXURE-A (COLLY.).

2. That the First Party acknowledge receipt of the aforesaid pay orders and agree and undertake that they have been left with no right, title or interest of any nature whatsoever in property No.366, AGCR Enclave, Delhi-110092.

3. That the First Party, in view of the settlement also agree that they now have no objection to the registered Will executed by Shri Gian Chand dated 4.10.2005 in respect of property No.366, AGCR Enclave, Delhi-110092 admeasuring 266.67 sq.yds. in favour of the Second Party. The First Party in view of the settlement now agree that the said registered Will dated 4.10.2005 of late Shri Gian Chand is acted upon.

4. That the Third Party agrees to the correctness and genuineness of the registered Will dated 4.10.2005 of her late father Shri Gian Chand.

5. That the First Party and the Third party agree and affirm that the Second Party namely Shri Ashwani Kumar Singhal is now the sole owner of property No.366, AGCR Enclave, Delhi- 110092.and he can deal with the said property, sell or otherwise dispose of in any manner whatsoever.

6. That the First Party and the Third Party have no objection if the Second Party is declared owner of property No.366, AGCR Enclave, Delhi-92 to their exclusion and the suit CS (OS) No. 364/2018 be disposed of in terms of the settlement.

7. That the parties agree and undertake that neither shall enter into any future litigation (Civil/ Criminal) on any matter relating to the estate of Sh. Gian Chand and / or the Suit i.e. CS(OS) No. 364/2018.

8. That the First Party and the Second Party agree and undertake to remain bound by the terms of the settlement."

3. The plaintiffs, Meenakshi Singhal, Purnima Singhal and Vikram Singhal are present in court and are identified by their learned counsel. They affirm that they have received drafts in the sum of Rs.30 lacs, Rs.25 lacs and Rs.25 lacs each respectively, photocopy whereof is enclosed with the settlement agreement and that they have now no further claims against the defendants and decree in terms of the settlement be passed. They undertake to abide by the terms of settlement arrived at between the parties.

4. The defendants, Ashwani Kumar Singhal and Indra Aggarwal are also present in court and are identified by their learned counsel and they also undertake to abide by the terms of the settlement arrived at between the parties.

5. The suit is accordingly disposed of in terms of the settlement agreement dated 27th September, 2019 arrived at between the parties. Decree sheet will incorporate the terms of settlement. Interim order passed by this court on 27th July, 2018 in I.A. No.9810/2018 and as confirmed on 22nd October, 2018 is vacated. Date before the Local Commissioner is cancelled.

6. Court fees be returned to the plaintiffs under Section 16 of the Court Fees Act. Registry shall issue the necessary certificate in this regard.

7. The application is disposed of as having become infructuous.

MUKTA GUPTA, J.

SEPTEMBER 27, 2019 'AA' CS(OS) 364/2018 Page 3 of 3