ANIL NARANG Vs. MOLLY KAPOOR

JUDGEMENT

(1.) I.A. 23340/2015 (joint application u/O XXIII R 3 CPC)

(2.) Counsel for the plaintiff states that the plaintiff had executed an Agreement to Sell dated 17.06.2014 with the defendant in respect of the second floor and the terrace of the suit premises for a total sale consideration of Rs.2,75,00,000/-. Out of the said amount, the plaintiff had paid the earnest money of Rs.35 lacs to the defendant. Subsequently, it had transpired that the defendant had entered into an Agreement to Sell in respect of the suit premises with another party, thus compelling him to lodge a complaint against her with Police Station: Defence Colony, which has resulted in registration of FIR No.374/2015.

(3.) During the pendency of the suit, the parties were able to negotiate a settlement not only in respect of the dispute, subject matter of the present suit but also in respect of the disputes, subject matter of CS(OS) 275/2015, a suit for specific performance instituted by the plaintiffs therein against the defendant in respect of the second floor and terrace alongwith one servant quarter of the suit premises. Under the comprehensive Settlement Agreement, the plaintiffs in both the suits have agreed that the defendant shall execute a Sale Deed only in respect of the second floor of the suit premises in favour of the plaintiffs and/or their nominees in CS(OS) 275/2015 to the extent of 65% undivided share therein and to the extent of 35% undivided share in favour of the plaintiff in the present suit. The parties jointly state that the Settlement Agreement dated 29.10.2015 be taken on record the suit may be decreed in terms thereof.