ASHA RANI OBEROI Vs. ASHWIN OBEROI

JUDGEMENT

(1.) Blood is obviously thicker than water. A wound, which had just about started due to the litigation, was quickly attended to and has not been allowed to fester between siblings. On a suggestion made by this Court the learned Counsel appearing for the parties on specific instruction of the litigants before this Court agreed to settle their disputes amicably through the process of mediation and accordingly on 29.08.2017 the present CRP 03/2017 was referred for mediation.

(2.) The Sikkim State Legal Services Authority vide a communication bearing Ref. No. 1033/SLSA/02/MC dated 25.09.2017 has submitted a report to this Court stating that the case was amicably settled before the Mediation Centre, East Sikkim at Gangtok and has also forwarded the case records along with the Deed of Compromise dated 21.09.2017, recording the settlement arrived at between the contesting parties to C.R.P No. 03/2017 all blood sister and brothers except Respondent no. 5.

(3.) The Deed of Compromise is quoted herein below:- WHEREAS, the Learned Civil Judge, Junior Division, East Sikkim passed on order dated 15.12.2016, disposing off the Title Suit No. 11 of 2014 on a technical ground allowing the preliminary objection of the defendants. WHEREAS, the First Party filed a Civil Revision Petition No. 03 of 2017 (Smt. Asha Rani Oberoi Vs. Shri Ashwin Oberoi & four Others) before the Hon'ble High Court of Sikkim assailing the Order of the Ld. Trial Court dated 15.12.2016 passed in Title Suit No. 11 of 2014. WHEREAS, the litigation being amongst the blood sister and brothers, the Hon'ble High Court was of the opinion that this matter can be settled amicably between the said parties. WHEREAS, the Parties to this litigation also desired to have this matter settled by a Mediator. WHEREAS, vide Order dated 29.08.2017 in Civil Revision Petition No. 03 of 2017 passed by the Hon'ble High Court of Sikkim, the matter was referred for Mediation to the Mediation Centre at Gangtok. WHEREAS, the Mediation Centre,/Legal Service Authority, Gangtok, appointed Shri N. Rai, Sr. Advocate as the Mediator to mediate this matter. WHEREAS, on formal notice the Parties appeared at Mediation Hall, ADR Centre, District Court Complex, Gangtok, East Sikkim on 15.09.2017. WHEREAS, with the help of Shri S.S. Hamal, Ms. Priyanka Chhetri and Ms. Sushma Lepcha, Advocate for the First Party and Shri U.P Sharma, Advocate for Defendant No. 1 and 04 and Respondent No. 01 and 04d the concerned parties. An introduction and preliminary deliberation took place on the first sitting and the issue of settlement was narrowing down, 21.09.2017 was fixed for the second deliberation and discussion. WHEREAS, today i.e. on 21.09.2017, the respective parties and their Ld. Counsels appeared with very open mind and suggestions and effective deliberation and discussions was initiated. After joint and private cacusses by the Mediator and also the direct deliberations between the contesting parties and their counsels present and also the positive suggestion which came from the parties, the Parties ultimately agreed to settle this matter amicably on the following terms and conditions:- 2. signature. Second Party.