This order disposes of the suit as withdrawn based on a settlement between the plaintiff and some respondents, explicitly noting that this withdrawal does not bind the non-consenting respondents or prejudice their rights.
Suit disposed of as withdrawn; withdrawal does not bind defendants 5-7 or prejudice their rights.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RAVINDER KUMARI ..... Plaintiff Through: Ms. Anuradha Mukherjee and Ms. Shreya Som, Advocates with plaintiff in person.
versus
RADHESH SINGH & ORS ..... Defendants Through: Ms. Eti Solanki, Advocate with Mr. Prabhjit Jauhar, Advocate for D-1 to 4. Mr. Jeevesh Nagrath, Advocate for D-5 to 7.
CORAM: HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R % 05.01.2016
I.A. 24/2016 (by the plaintiff u/O XXIII R 1 CPC)
Page 1 of 3
CS(OS) 1912/2012
suit, the plaintiff and the defendant No.1 have arrived at an out of court settlement reduced into writing by virtue of a Deed of Settlement dated 21.12.2015, a copy whereof has been enclosed with the present application and marked as Annexure A and the parties have agreed that the defendant No.1 would execute a Gift Deed in favour of the plaintiff in respect of 1/12th undivided share in the suit premises. The court is informed that the said Gift Deed was executed by the defendant No.1 in favour of the plaintiff on 22.12.2015.
Page 2 of 3
CS(OS) 1912/2012
averments made in the application, without binding the defendants No. 5 to 7 to the settlement arrived at between the plaintiff and the defendant No.1 and without prejudice to the rights of the said defendants.
HIMA KOHLI, J
JANUARY 05, 2016
rkb/mk
Page 3 of 3
CS(OS) 1912/2012
3 issues framed by the court
Whether the suit can be disposed of as withdrawn in terms of a settlement between the plaintiff and some respondents without binding other respondents.
Whether the settlement between plaintiff and defendant No.1 prejudices the rights of defendants No.5 to 7.
Whether the request for permission to withdraw the suit should be allowed.
1 provisions across 1 enactments
Ravinder Kumari
Radhesh Singh
Hima Kohli
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
