Tarikh Rja v. Mahir Raja
Case brief
What is this about?
The Court allowed a compromise application wherein the Plaintiff agreed to gift the subject property to the Defendant, recording their settlement in the Court. The suit was decreed accordingly.
What did the court decide?
The suit was decreed in terms of the Deed of Settlement dated 11.2.2015 where Plaintiff gifted the property to Defendant; parties to bear own costs.
What the court decided
7.
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
+ CS(OS) 2993/2011
Decided on 02.03.2015 IN THE MATTER OF: TARIKH RAJA ..... Plaintiff Through : Mr. Gopal Singh, Advocate with plaintiff in person. versus MAHIR RAJA ..... Defendant Through : Mr. G.S. Raghav and Mr. Pankaj Kumar, Advocates with defendant in person.
CORAM HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
I.A. No.4296/2015 (joint application u/O XXIII R 3 CPC)
- The present compromise application has been filed by the parties stating inter alia that during the pendency of the present proceedings, they have arrived at an out of court settlement as recorded in the Deed of Settlement/Compromise dated 11.2.2015, whereunder the plaintiff has agreed to gift the subject property to the defendant of his own free will and volition.
- Counsels for the parties state and the plaintiff and the defendant are brothers and have decided to bury the hatchets by arriving at a
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Issues for consideration
2 issues framed by the court
Whether the High Court can decree a suit where parties have filed a compromise application under Order XXIII Rule 3 CPC and executed a deed of settlement.
Whether the court can accept a settlement arrived at between brother parties regarding immovable property as a valid compromise.
Parties & counsel
- petitioner
TARIKH RAJA
- respondent
MAHIR RAJA
Coram
HIMA KOHLI
Case details
As recorded by the court registry
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