SHASHI MANCHANDA Vs. AJAY KUMAR SABHARWAL

JUDGEMENT

(1.) THIS appeal arises out of a final decree passed by the Court of additional District Judge, Delhi in a suit for partition filed by respondent no. 1 against the appellant and respondent No. 2. The parties have now filed a joint application under Order 23 Rule 3 of the CPC for disposal of the appeal on terms that have been mutually agreed between the parties. The terms of settlement have been enumerated in para 9 (a) to (e) of the said application. Counsel for the parties submit that the appeal can be disposed of in terms of the said terms which read as under:-

(2.) IN the circumstances, therefore, and keeping in view the settlement arrived at between the parties, we see no reason why a decree on the above terms should not be passed in favour of the parties in modification of the decree made by the Court below. We, accordingly, allow this appeal to the extent indicated above and direct that in substitution of the decree passed by the Trial Court, the suit filed by respondent No. 1 shall stand decreed on the terms indicated in para 9 (a) to (e) of the application extracted above.

(3.) THE parties shall bear their own costs.