RAM SHARMA Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) An application has been filed by Asha Sharma, wife of Defendant Ashok Kumar Sharma under Order XXIII Rule 3(sic) read with sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) to set aside the Judgement dtd. 12/12/2011 on the ground that a conspiracy was hatched by the parties to the suit by practicing fraud and concealment of material facts with an object to deprive the applicant of her due share in the suit properties.

(2.) It is stated in the application that Shri Ram Sharma filed the Civil Suit against his father, Shri Ashok Kumar Sharma (Defendant no. 1), brother- Shri Shyam Sharma (Defendant no. 2), sister- Anuradha Sharma (Defendant no. 3) seeking Declaration, Mandatory Injunction and Partition of the movable/immovable properties. The Defendants opposed the claims in their written statement filed by them, which was controverted by Plaintiff in his replication.

(3.) During the pendency of the suit, the matter was referred to the Delhi High Court Mediation and Conciliation Centre, where a settlement was effected between the parties vide Mediation Settlement dtd. 24/11/2011. In terms of this settlement, the suit was disposed of by this Court vide Judgment dtd. 12/12/2011 with the direction, "Accordingly, present suit is decreed in terms of Exhibit C-1 leaving the parties to bear their own costs. Let a decree sheet be drawn up accordingly. No order as to costs. "