SUBHASH CHAND SHARMA Vs. SRIBHAGWAN SHARMA

JUDGEMENT

(1.) THE plaintiffs have filed the present suit against the defendants praying inter alia for a decree of partition to the extent of 1/5th share each in the property bearing No.S -532, School Block, Shakarpur, New Delhi measuring about 100 sq. yards comprising of two floors and one room with open terrace above the second floor. The plaintiff No.2 is the widow of late Shri Lakhmi Chand and the plaintiff No.1 and the defendants No.1 to 3 are the children of the plaintiff No.2 and late Shri Lakhmi Chand.

(2.) VIDE order dated 15.9.2014, the parties were referred to mediation. Pursuant thereto, a Settlement Agreement dated 29.9.2014 has been forwarded by the Mediation Centre.

(3.) LEARNED counsel for the plaintiffs and the defendants, who appear in person and have been duly identified by the plaintiffs and their counsel, jointly state that the terms and conditions of the settlement are mentioned in para 7 to 13 of the Settlement Agreement, whereunder the plaintiff No.2 and defendant No.3 have given up their right, title and interest in the suit property in favour of the plaintiff No.1 and the defendants No.1 and 2. As a result, plaintiff No.1 and defendants No.1 and 2 are entitled to 1/3rd share each in the suit property, as detailed in the site plan enclosed with the Settlement Agreement dated 29.9.2014 and marked as Annexure -A as also in para 7 of the Settlement Agreement. Rest of the terms and conditions are set out in paras 8 to 13 of the Settlement Agreement.