DIPAVALI DEBROY Vs. BIBEK DEBROY

JUDGEMENT

(1.) CS (OS) No.116/2008 has been filed by Smt.Dipavali Debroy, wife of defendant No.1 in that suit against Shri Bibek Debroy and five others seeking CS(OS) Nos.116/08, 670/09 Page 1 of 13 declaration, cancellation and injunction. The case set out in the plaint is that property bearing Flat No.6410(Ground Floor), Pocket C-6 & 7, Vasant Kunj, New Delhi, Flat No.67(First Floor) in Block-F, Sushant Lok-II, Gurgaon and the Time Sharing Unit sold by defendant No.6, namely M/s Prestige Holiday Resort Pvt. Ltd. were jointly acquired by the plaintiff and defendant No.1. The flat in Vasant Kunj is stated to have been purchased from defendant No.2 Mahmud Uddin by way of documents comprising Agreement to Sell and Power of Attorney etc. The Agreement to Sell was executed in favour of the plaintiff whereas the Power of Attorney was executed in favour of defendant No.1. The flat in Sushant Lok was acquired from defendant No.5 M/s Ansal Buildwell Ltd. whereas the Time Sharing Units were acquired from defendant No.6. Defendant No.3 is stated to be the agent of defendant No.1 acting for and on his behalf. The following prayers were made in the suit:-

(2.) IN CS(OS) No.116/2008, DDA who was impleaded as defendant No.4, had filed written statement stating therein that the plaintiff had no cause of action against it. The suit was contested by defendant No.1, who also filed a counter-claim seeking the following reliefs:-

(3.) DURING the pendency of the suit, the matter has been settled between Shri Bibek Debroy and Smt.Dipavali Debroy and the terms of settlement are contained in the Settlement Agreement dated 1.9.2012 executed before Delhi High Mediation and Conciliation Centre. Under the settlement, it has been agreed that Sushant Lok flat would go exclusively to Smt.Dipavali Debroy, whereas Vasant Kunj flat would go to Shri Bibek Debroy. It has also been agreed that Time Sharing Units from defendant No.6 would be transferred in the sole name of Smt. Dipavali Debroy.