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2013 Supreme(Del) 321

High Court of Delhi
RAJIV SAHAI ENDLAW, J.
Bela Kapoor & Others
Versus
Vandana Kapoor & Others
CS(OS) 1375 of 2010 IA No. 8887 of 2010 (u/O 39 R-1&2), 9663 of 2011 (u/S 151 CPC) , 10192 of 2011 (u/O 11), 10193 of 2011 (u/O 11 R-1), 16223 of 2011 (objection of plaintiff no.2 to settlement deed) & 5594 of 2012 (U/O 39 R 2A) CS(OS) 2299 of 2010 & IA No. 15125 of 2010 (u/O 39 R-1&2) CS(OS) 741of 2012, IA No. 5511 of 2012 (u/O 39 R-1&2), 11183 of 2012 (u/O 39 R-1&2) & CC No. 68 of 2012
Decided on : 21-03-2013

Advocates appeared:
For the Appearing Parties:Harish Malhotra, Sr. Adv. with Anuj Aggarwal, Advs for Kiran Vijhani. Aman Lekhi, Sr. Adv. with Rajeshekher Rao & Ms. Simon Benjamin, P. Banerjee, M. Baruah, Rajiv Talwar, Raman Kapoor, Sr. Adv. with Mohit Chaudhary, Pragya Singh, Harsh Sharma , Thehak, Advocates.

Headnote:

Civil Procedure Code, 1908 - Section 141, Order 23 Rule 3 - Joint family property - Settlement arise through mediation during pendency of suit - Subsequent objections to the settlement - Such objections need not be tried as a suit and as per the language have to be decided immediately - Argument was infact family settlement even though arrived through medium of mediation - Objections rejected.

Judgment

1. CS(OS) No.1375/2010 is filed, (i) for declaration that the four plaintiffs namely Ms. Bela Kapoor, Ms. Kiran Vijhani, Ms. Neelam Deewan and Mr. Satish Kapoor and the defendants No.1 and 4 namely Ms. Vandana Kapoor and Ms. Anu Kawatra, being the legal heirs of late Sh. Raja Ram Kapoor, are the owners of property No.B-5/81, Safdarjung Enclave, New Delhi–110029; (ii) for declaration that the mutation of the said property and conveyance of freehold rights in the land underneath the same by the Delhi Development Authority (DDA) in favour of the defendants No.1 and 2 namely Ms. Vandana Kapoor and Ms. Sonika Pruthi is null and void; (iii) for injunction restraining the defendants No.1 & 2 namely Ms. Vandana Kapoor and Ms. Sonika Pruthi from dealing with the property No.B-5/81, Safdarjung Enclave, New Delhi; and, (iv) for damages for use and occupation.

2. CS(OS) No.2298/2010 is filed by Ms. Vandana Kapoor against Mr. Satish Kapoor, Ms. Kiran Vijhani, Ms. Neelam Deewan, Ms. Bela Kapoor, and Ms. Anu Kawatra, (i) for declaration that Mr. Satish Kapoor has no right whatsoever in the estate of late Sh. Raja Ram Kapoor, having been disowned and disinherited in the lifetime of Sh. Raja Ram Kapoor; (ii) for declaration that property No.F-130/4, Western Avenue, Sainik Farms, New Delhi is an integral part of the estate of late Sh. Raja Ram Kapoor; (iii) for partition of, (a) Shop No.1251, Kaccha Bagh, Chandni Chowk, Delhi-06; (b) Shop No.1253, Kaccha Bagh, Chandni Chowk, Delhi-06; (c) Shop No.4E, New Market, Kamla Nagar, Delhi-06; and, (d) Property No.F-130/4, Western Avenue, Sainik Farms, New Delhi, between Ms. Vandana Kapoor, Ms. Kiran Vijhani, Ms. Neelam Deewan, Ms. Bela Kapoor, and Ms. Anu Kawatra; (iv) for mandatory injunction to Mr. Satish Kapoor to give accounts of movable assets of late Sh. Raja Ram Kapoor removed by him; (v) for partition of the movable assets of late Sh. Raja Ram Kapoor; and (vi) for injunction restraining Mr. Satish Kapoor from dealing with the estate of late Sh. Raja Ram Kapoor.

3. CS(OS) No.2299/2010 is filed by Ms. Vandana Kapoor and Ms. Sonika Pruthi against Mr. Satish Kapoor for (i) possession of Shop No.1252, Kaccha Bagh, Chandni Chowk, Delhi-06; (ii) permanent injunction restraining Mr. Satish Kapoor from dealing with the said shop; (iii) recovery of Rs.36 lakhs towards past mesne profits with respect to the said shop; and, (iv) for future mesne profits/damages for use and occupation of the said shop.

4. The aforesaid three suits were vide order dated 24th May, 2011 referred to the Delhi High Court Mediation and Conciliation Centre and the parties i.e. Ms. Bela Kapoor, Ms. Kiran Vijhani, Ms. Neelam Deewan, Mr. Satish Kapoor, Ms. Vandana Kapoor, Ms. Sonika Pruthi and Ms. Anu Kawatra agreed to Mr. Atul Batra, Advocate being appointed as Mediator.

5. It may be clarified that while Ms. Bela Kapoor, Ms. Kiran Vijhani, Ms. Neelam Deewan, Mr. Satish Kapoor, Ms. Vandana Kapoor and Ms. Anu Kawatra are all children of late Sh. Raja Ram Kapoor and late Smt. Raj Rani Kapoor, Ms. Sonika Pruthi is the daughter of Ms. Vandana Kapoor.

6. A Settlement Agreement dated 7th June, 2011 accompanied by a Memorandum of Settlement also dated 7th June, 2011 was signed by all the said parties, their respective Advocates and the Mediator and forwarded to the Bench of this Court before which the aforesaid three suits were pending and tagged to the file of CS(OS) No.1375/2010.

7. It may be mentioned that the reference to mediation was in pursuance to I.A. No.8616/2011 in CS(OS) No.1375/2010, I.A. No.8617/2011 in CS(OS) No.2298/2010 and I.A. No.8615/2011 in CS(OS) No.2299/2010, all under Section 89 of Civil Procedure Code (CPC), 1908, of Ms. Vandana Kapoor. This Court while referring the parties to mediation vide order dated 24th May, 2011, imposed the condition that the Mediator will take up the matter only if all the parties appear before him.

8. CS(OS) No.1375/2010 was listed before this Court on 4th July, 2011 when it was


































































































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