Court disposed of a partition suit following a settlement agreement reached by parties in mediation, recording terms for dividing a constructed property and constructing dividing walls. Decree sheet to be drawn accordingly.
Suit disposed of in terms of settlement agreement; decree sheet to be drawn accordingly.
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BHARTI GUPTA & ANR. ..... Plaintiffs
Through: Mr.Sunil Dutt Dixit and Mr. Sajal Dutt Dixit, Advs.
versus
ANIL GUPTA & ANR. ..... Defendants
Through: Ms. Renu Agarwal, Adv. (VC)
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
This is a digitally signed order.
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However, minor disputes arose between the parties on account of which, the settlement agreement could not be signed. Along with the application being I.A. 17380/2021, a site plan has also been filed; as per which, the green portion of the basement, ground floor, mezzanine floor, first floor and second floor has fallen into the share of the plaintiffs and the red portion of these floors have fallen to the share of the defendants.
“1. It is agreed between the patties that in terms of the Order dated 04.08.2021, since both the First Party and the Second Party have equal shares, the property shall be divided in half.
2. It is agreed between the parties that since the division of the plot of land is not allowed, both the parties shall have equal undivided right, as determined in the preliminary decree, in the land underneath the constructed portion and only the constructed portion is being partitioned. It is further agreed between the parties that for all future references, each party shall be deemed to be owner of their respective portion as detailed herein under.
3. That the total area of the property is 254 Sq. yds. The front of the suit property is approx. 37 feet and the length of the property is 61 feet Copy of the Site Plan is attached alongwith this Settlement Agreement as ANNEXURE-A.
4. To facilitate the division of the property by meets and bound, it is agreed between the parties that a line be drawn in the middle of the suit property on each floor approaching in the depth of the building as shown in Blue colour in the attached site plan. As such, a line has been drawn up on the site plan dividing the property in half on the width of the property and continuous till the entire length of the
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2024 at 10:51:30
property. Each party shall be owner of all that stands in the property in their respective portions.
5.It is agreed between the parties that the left portion of the suit property, thus carved out. more particularly shown in green colour in the attached site plan. falls to the share of the First Party and The right portion of the suit property, thus carved out. More particularly shown in red colour in the attached site plan, falls to the share of the Second Party.
6. The First Party shall construct a wall in their portion along the said dividing blue line at their own cost within 6 months from the date of execution of this Settlement Agreement.
7. The Second Party shall also construct a wall in their portion along the said dividing blue line at their own cost within 6 months from the date of completion of construction of wall by the First Party.
8. The Second Party agree not to use the wall of the First Party nor cause any damage to it at any point of time in future. Both the parties undertake to use their respective portions without damaging each other's wall/ portion.
9.The parties shall be responsible for addition/ alteration (removal of stairs, etc.) in their respective portions.
10.The said period of 6 months shall not include any delay on account of force-majeure / stay order/ interference by any authority.
11.The First Party shall duly inform the Second Party regarding the commencement of the construction of dividing wall and the Second Party shall be present at the time of the commencement of the construction of Wall by the First Party just to confirm that the wall is being raised along the dividing line. Thereafter, the Second Party shall not be entitled to raise any objection against the construction of Wall by the First Party in any manner till Within the defined parameter.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2024 at 10:51:30
12. After the raising of their respective wall(s), the parties shall be free to transfer/sell/alienate/dispose of their respective portions of the suit property to anyone in any manner they feel like.
13.Both the parties shall make and use their own entrances.
14.The parties agree that the Suit being CS(OS) No. 124/2021 be decreed in terms of the present Settlement Agreement.
15.The parties hereto state that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the Parties hereto through the process of Mediation.
16.That the parties undertake before this Hon‟ble Court to abide by the terms and conditions set out in the Agreement and not to dispute the same hereinafter in future.
17.The parties agree that they have arrived at the present Settlement Agreement with their own free will and desire and without any pressure, fraud, force, coercion, or undue influence by either of the parties and they undertake to be bound by the terms thereof. The parties agree that the statements, /commitments made by them in the present Settlement Agreement shall be treated as their undertakings to the Hon‟ble Court and in case of any violation of the terms of the present agreement they shall be held liable for contempt of Court under the Contempt of Courts Act.
18 The parties agree that they shall appear before the Hon‟ble court during the virtual hearing to make their statements in terms of the present settlement agreement.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2024 at 10:51:30
DINESH KUMAR SHARMA, J
FEBRUARY 16, 2024 Pallavi
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/02/2024 at 10:51:30
BHARTI GUPTA & ANR.
ANIL GUPTA & ANR.
DINESH KUMAR SHARMA
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
