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2006 Supreme(Del) 1869

HIMA KOHLI, MUKUNDAKAM SHARMA
B. S. GOEL – Appellant
Versus
REGISTRAR, HIGH COURT OF DELHI. – Respondent


Advocates Appeared:
AVNISH AHLAWAT, RAJIV KAPOOR


HIMA KOHLI, J.

( 1 ) THE present appeals arise out of the order dated 14th January, 2005 passed by the learned single Judge in a suit filed by appellant No. 1 as plaintiff for declaration to the effect that the oral family settlement dated 2nd October, 2002, reduced into writing on 31st october, 2002 by way of a memorandum of family settlement is binding on all the defendants, appellant Nos. 2 to 13 herein. By the impugned order, the learned single Judge dismissed an application (IA No. 9823/2003) preferred by the appellant No. 5/defendant No. 4 in the suit proceedings praying, inter alia, that the objections raised by the registry calling upon the parties to file the Court fee and/or stamp duty before drawing up a decree as affixed in a partition suit, are liable to be dropped. The learned single Judge rejected the said application by holding that the requirement of the registry was as per law and that the compromise application accepted by this Court vide order dated 13th June, 2003 resulted in extinguishing rights and corresponding creation/acceptance of rights in favour of the parties to the suit. Hence it was held that the decree related to immovable property and it shall hav


















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