LAWS(DLH)-2008-3-44

KRISHAN LAL Vs. PARWATI DEVI

Decided On March 31, 2008
KRISHAN LAL Appellant
V/S
PARWATI DEVI Respondents

JUDGEMENT

(1.) IT is stated by counsel for the plaintiffs and counsel for the defendants that the parties have compromised their disputes in terms of a written agreement/compromise arrived at in the course of mediation proceedings. This Court had, by its order dated 5. 10. 2007, referred the disputes for possible settlement to mediation. Mediation proceedings concluded in seventeen meetings between the parties. Learned counsel for the plaintiffs and defendants submit that all parties have settled their disputes fully and finally.

(2.) THE agreement/compromise was entered into a course of mediation proceedings on 25. 3. 2008, which has been placed on record along with report of the Mediator. All parties except plaintiff No. 1 are present in Court. The said plaintiff authorized the plaintiff No. 2 to depose and act on his behalf in the present proceedings through a power of attorney dated 23. 9. 2004 The same is also part of the record having been exhibited as PW1/1 on 20. 9. 2006. Learned counsel for the parties submit that while recording the consent terms, the last sentence in clause 8 (c) has been wrongly included and that the same should appear in clause 8 (h ). The Court has recorded the statements of the parties, who are present here, separately. The said modification is hereby recorded, while extracting the terms of the compromise.

(3.) THE suit claims partition of a joint family property owned by the parties. The description of the properties appears at page 24 of the suit.