MOHD TAHIR Vs. MOHD SHAKIR

JUDGEMENT

(1.) THIS appeal arises out of a judgment and decree passed by the Court of additional District Judge, Delhi whereby a suit for partition of property bearing No. 2217 situated in Naya Mohalla, Gali Qasam Jan, Balli Maran, Delhi has been dismissed. It is, in our opinion, unnecessary to give the factual backdrop giving rise to the suit and the appeal or the grounds on which the judgment and decree passed by the Court below was sought to be assailed in the present proceedings. We say so because after the matter was argued at considerable length by learned counsel for the parties, the appellant has made a statement on solemn affirmation which we have separately recorded stating that he would be satisfied in case a sum of Rs. 1,00,000. 00 (rupees one lakh) is paid by defendant-respondent No. 1 in the appeal in full and final settlement of the former's claim for a share in the suit property. A statement made by Mohd. Shakir, defendant-respondent No. 1 and separately recorded by us accepts that offer and agrees to pay the amount of Rs. 1,00,000. 00 to the appellant in full and final settlement of his claim without acknowledging any such liability qua any other claimant. The payment, in question, it appears is being offered and received on account of the fact that the appellant and respondent No. 1 are real brothers, who have chosen to bury the hatchet for the sake of maintaining cordial relations with each other.

(2.) IN the circumstances, therefore, and keeping in view the settlement arrived at between the parties which appears to us to be lawful, we see no reason why the present appeal cannot be finally disposed of with suitable modification of the decree passed by the court below. We accordingly dispose of this appeal with the direction that the claim for a share in the suit property made by the plaintiff-appellant herein shall stand fully satisfied upon payment of a sum of Rs. 1,00,000. 00 by the defendant-respondent No. 1. The judgment and decree passed by the Court below is subject to that modification affirmed. We make it clear that since the rest of the parties to the proceedings have not appeared to assail the judgment or seek any redress or directions from the court, we consider it unnecessary to examine the merits of the contention urged or adjudicate upon the issues that were initially raised in the appeal. We further direct that the aforesaid amount be paid in installments as under:

(3.) A sum of Rs. 25,000. 00 shall be paid by the appellant by 31st July, 2008 followed by another sum of Rs. 25,000. 00 by the end of 31st August, 2008. The third installment of Rs. 25,000. 00 shall be paid by the 30th September, 2008 and the fourth installment by 31st October, 2008. We direct that in the event of a default in the payment of the amount on the dates indicated above the amount that remains outstanding against the defendant-respondent No. 1 shall become payable with interest @ 18% per annum calculated from the date the same was due up to the date of actual payment thereof. It is agreed by counsel for the parties that all payments indicated above shall be made by bank drafts drawn in favour of the appellant and handed over to his counsel Sh. Tarique Siddiqui, advocate. Parties to bear their own costs.