Allowed

Saroj Chawla v. Sonal Chawla and Another

Delhi HC2 Mar 2016CS(OS)/1413/2011

Case brief

AI extract

What is this about?

The Court accepted a joint application for withdrawal of suit under Order 23 Rule 3 CPC. The judgment decreed the suit based on a compromise where defendants received a lump sum, with a portion invested in a fixed deposit for the minor defendant's benefit, and the suit was not proceeded against remaining defendants.

What did the court decide?

The compromise application was accepted; a decree was drawn up for the settlement; original documents returned; parties to abide by compromise terms.

Saroj Chawla Vs Sonal Chawla and Another — Partition | Delhi HC (2016)

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$~13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 1413/2011

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SAROJ CHAWLA

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..... Plaintiff

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Through: Mr. P.P. Ahuja, Advocate with plaintiff in person.

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Versus

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..... Defendants

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SONAL CHAWLA AND ANOTHER ..... Defendants Through: Ms. Navita Sharma, Advocate for defendant Nos.1 and 2 with defendant No.1 in person.

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CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R % 02.03.2016

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I.A. No.2748/2016 (under Order 23 Rule 3 by plaintiff and defendant Nos.1 and 2)

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This is a joint application (I.A. No.2748/2016) filed by the plaintiff and defendant Nos.1 and 2 under Order 23 Rule 3 of Code of Civil Procedure, 1908 (CPC). Application is signed by the plaintiff and the defendant no.1. Defendant no.1 is the mother and natural guardian of the defendant no.2. Defendant no.1 was also appointed as a guardian ad idem of the defendant no.2 by the order of a learned Single Judge of this Court dated

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CS(OS) No.1413/2011 page 1 of 4

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12.8.2011.

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In this suit for partition, defendant nos.1 and 2 have agreed to receive a total sum of Rs.90 lacs in full and final satisfaction of their claims in the suit property being ground, second and terrace floor of the property no.F-277, New Rajinder Nagar, New Delhi-110060. Half of the amount i.e Rs.45 lacs was to be received by the defendant no.1 and other half of Rs.45 lacs was to be deposited in the name of the defendant no.2, however, since out of the amount of Rs.90 lacs a sum of Rs.18 lacs has been paid to the defendant no.4 for releasing of the papers with respect to second floor with terrace floor of the suit property, hence a net amount of Rs.72 lacs is now to be received jointly by the defendant nos.1 and 2. Out of the amount of Rs.72 lacs, Rs.36 lacs will be kept in a fixed deposit in the name of the defendant no.2 in a nationalized bank and which amount would be encashed by the defendant no.2 only on attaining majority and which aspect will be brought to the notice of the bank where the fixed deposit is created. Defendant no.1 however can receive the interest on the fixed deposit for the benefit and upbringing of the minor-defendant no.2. The balance amount of Rs.72 lacs in the manner as stated above will be received by the defendant

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CS(OS) No.1413/2011

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page 2 of 4

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no.1 for herself and for defendant no.2 at the time of execution of the sale deed in favour of the plaintiff of the suit property by the defendant no.1 for herself and for the defendant no.2.

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I have examined the terms of the compromise and I agree that compromise is for the benefit of the minor/defendant no.2.

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In view of the above, the compromise application is accepted and a decree be drawn up in terms of the same. Parties will abide by the terms of the compromise be it of execution of the sale deed or of the plaintiff making payment of amount of Rs.72 lacs to the defendant nos.1 and 2 including the amount of Rs.36 lacs falling to the share of the minor defendant no.2 to be put in a fixed deposit in a nationalized bank.

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Original documents filed in this Court be returned to the plaintiff against filing of certified copies. The defendant no.1 on receipt of the documents from the defendant no.4 will hand over the original documents of the second floor of the suit property to the plaintiff at the time of execution of the sale deed.

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Suit is accordingly decreed as compromise between the plaintiff and defendant nos.1 and 2 and the suit is not proceeded with against

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CS(OS) No.1413/2011

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page 3 of 4

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defendant nos.3 and 4. A decree be drawn up as per the compromise terms

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stated in the application. Parties are left to bear their own costs.

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I.A. Nos. 9391/2011 (stay) & 3323/2015 (under Order 11 and 12 Rule 14 CPC)

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Since the main suit is disposed of, these applications are also

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disposed of accordingly.

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VALMIKI J. MEHTA, J

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MARCH 02, 2016 Ne

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CS(OS) No.1413/2011

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page 4 of 4

Saroj Chawla v. Sonal Chawla and Another

Case brief

What is this about?

What did the court decide?

Saroj Chawla v. Sonal Chawla and Another

Case brief

What is this about?

What did the court decide?

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Statutes considered

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