AMBICA MENGI Vs. STATE AND ORS.

JUDGEMENT

(1.) I.A. 21926/2015 (joint application u/O XXIII R 3 CPC).

(2.) THE present application has been jointly filed by the petitioner and the respondents No. 2 and 3, all class I heirs of Smt. Krishna Chopra, mother of the parties, stating inter alia that they have arrived at a negotiated settlement through court annexed mediation as recorded in the Settlement Agreement dated 11.09.2015. They request that the present petition be converted into a regular civil suit, and the Settlement Agreement be taken on record and a decree be passed in terms thereof.

(3.) TO put in a nutshell, the facts of the aforesaid case were that the petitioner therein had propounded a will dated 30.08.2006 of Shri S.S. Kochar and had sought grant of a probate in respect of his estate. The said proceedings were contested by one of the respondents. The respondents arrayed in the probate petition included the testator's widow, his two daughters (respondent No. 4 and 5) and the husband and children of one of the daughters (respondent No. 5). During the pendency of the probate proceedings, the testator's widow had expired and the trial court was informed that the parties to the probate proceedings had compromised their dispute. Thereafter, a compromise application under Order XXIII Rule 3 CPC was moved by the parties. After recording the statement of the parties, the trial court directed that the probate petition be treated as an ordinary suit and be disposed of in terms of the Compromise Deed. The parties were also directed to file the prescribed court fee applicable to the ordinary suit and decree sheet was directed to be prepared.