JAIDEEP SETH Vs. URMILA SETH AND ORS.

JUDGEMENT

(1.) IA No. 11208/2015 (u/O. XXIII R.3 CPC read with Sec. 89(2)(C) and Sec. 151 CPC

(2.) It is their case that the lis was referred to the learned Mediator for arriving at a settlement between the parties. Due consent had been given by all the parties to the suit who are claiming their shares in the estate of late Mr. Prem Seth. Relevant electronics mails from all the parties are attached to the application including the consent dated 17.03.2015 from defendant No. 1 Mrs. Urmila Seth, widow of late Mr. Prem Seth, a portion of which reads as under:

(3.) On 10.05.2015, the learned Mediator had proposed the terms of the said family settlement, which is a part of the application. According to the applicants, in terms of the unconditional and irrevocable consent given by the parties to the litigation, the "Proposed Terms of Settlement" are binding upon all of them. Hence, a decree is sought in terms of the Settlement. According to the applicants, defendant Nos. 5 & 6 would not be relevant for disposal of the suit and the issues involving them also stand covered.