Master Yugam Tiwari v. Sanjay Tiwari & Ors

ORDER %

15.07.2013 lA No. 10031 of 2013 (u/O XXXII Rule 3 CPC)

¶1For the reasons stated therein, this application is allowed. The mother, Mrs, Reema Tiwari, is substituted as natural Guardian of the Plaintiff

¶2The application is disposed of lA No. 6053 of 2013 (u/O XXIII Rule 3 CPC)

¶3This is an application filed jointly by the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 for taking on record the MemorandumofUnderstanding('MOU')dated22"^March2013 thathas been entered into between the Plaintiff and Defendants 1 to 3 before the pa"e1of4 Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Delhi High Court Mediation and Conciliation Centre ('DHCMCC')- Para 6 of the MOU reads as under: "6. The following settlement has been arrived at between the parties hereto:

(a) It is agreed between the parties that the First Party is entitled to get 1/4^ share of the property in question bearing H.No. 185, measuring 173 sq. yards, Ground and First Floor, situated at Ram Vihar, Near Anand Vihar, Delhi - 92 as per right of his father and her husband Late Shri Pankaj Tiwari. It is agreed between the parties that whatever amount they will receive by sale proceeds of this property. First Party will receive 1/4 share of the sale proceeds. This is the share of his father Late Shri Pankaj Tiwari and her husband late Shri Pankaj Tiwari as per the Settlement. The First Party had already received an amount of Rs. 10 lakhs on 19*^ March 2013 from the Second Party.

(b) The Plaintiff is ready to withdraw the same suit bearing CS (OS) No. 219 of 2013, therefore, the Plaintiff will have to move an application for withdrawing the above mentioned petition as soon as possible."

¶4The application has been signed by the natural Guardian of the Plaintiff and Defendant Nos.l to 3. The application has been supported by the Page2of4 / affidavitsofthe naturalguardianofthe Plaintiffand the Defendants^s.1 to 3.

¶5For the reasonsstatedtherein,the applicationis allowedand the terms of settlementas set out in para 6 of MOU is takenon record.The MOU shall form partof the presentorder. CS (OS) No. 219 of 2013. lA Nos. 1863 of 2013 ru/O XXXIX R 1 & 2 CPQ & 8543 of 2013 Tu/O XXXII Rule 8 CPO

¶6It is statedthatthe FamilySettlementsdated 9*^ April 2013 and 12*^ May 2013 have been entered into betweenthe Plaintiffand Defendants1 to 3. The Family Settlementsare taken on record and shall form part of the present order.

¶7The suit is decreed in terms of the Family Settlementsdated 9^ April 2013 and 12*^May 2013andthe MOU dated22°"March2013.Thepending applicationsare disposedof

¶8Decreesheetbe drawnup accordingly.

¶9Sincethe matterhas been disposedas settledbetweenthe partiespriorto recordmg of evidence and pursuant to the parties being referred to the CS(OS)No.219of2013 DHCMCC,underSection89 CPC, the Plaintiffis entitledto refundofentire court fees paid by the Plaintiffat the time ofthe institutionofthe suit in terms of Section 16 of the Court Fees Act. The Registrywill, within four weeks, issuethe necessarycertificatein favourofthe Plaintiffaddressedto the CollectorofStamps entitlingthe Plaintiffto refundofthe entire court feespaid by the Plaintiff. JULYIS, 2013 S.Ml,RALIDHAR,J Rk Page 4 of4

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS (OS) No. 219 of 2013 MASTER YUGAM TIWARJ Plaintiff Through: Mr. Kirti Uppal, Senior Advocate with Mr. Sagar Pathak and Miss Vibha Dhawan, Advocates. versus SANJAY TIWARI & ORS Defendants Through: Mr. Rama Shankar, Advocate. CORAM: JUSTICE S. MURALIDHAR