Mukta Gupta, J.

1. Following settlement agreement was arrived at between the parties in FAO (OS) No. 83/2007 when two suits, that is, suit for partition being CS (OS) Nos. 1698/2007, suit for injunction CS (OS) No. 684/2008 and Testamentary Case No. 2/2008 were pending adjudication inter se the parties:

“Settlement Agreement

This settlement agreement is entered into on 06.08.2010 between Mrs. Indu Sabharwal W/o Late Bhai Tirlochan Singh R/o 9, Amrita Shergil Marg, New Delhi-110003, Ms. Nisha Singh D/o Late Bhai Tirlochan Singh R/o B-97, Neeti Bagh, Second Floor (Front Portion), New Delhi-110049 and Ms. Tara Sabharwal D/o Late Bhai Tirlochan Singh R/o A-17, Neeti Bagh, New Delhi-110049 and Dr. Sabi Sabharwal S/o Late Bhai Tirlochan Singh, R/o 9, Amrita Shergil Marg, New Delhi-110003.

WHEREAS

1. Disputes and differences had arisen between the Parties hereto and a FAO (OS) No. 83/2007 was filed before the Hon’ble High Court of Delhi.

2. The matter was referred to the Delhi High Court Mediation and Conciliation Centre vide an order dated 05.08.2010 passed by a Division Bench comprising of Hon’ble Mr. Justice Badar Durrez Ahmed and Hon’ble Mr.Justice V. K. Jain.

3. Ms. Sadhana Ramachandran, Advocate was appointed mediator by the Hon’ble Court and the parties agreed that she would act as Mediator for the parties in the matter of Mediation and Conciliation proceedings.

4. A meeting was held on 06.08.2010 with all the parties without their counsel and parties have, with the assistance of the Mediation/Conciliator, voluntarily arrived at an amicable solution resolving the abovementioned disputes and differences.

5. Parties hereto also confirm and declare that they have respected and adhered to the spirit of mediation while arriving at the Settlement Agreement.

6. The following settlement has been arrived at between the parties hereto:-

(a) It is agreed between the parties that with regard to all the disputes and differences arising in the present case, they will, in principle, divide all the movable, company and immovable properties as heirs of Bhai Trilochan Singh in the following manner:-

(i) Share of Dr. Sabi Sabharwal shall be 40% of the total movable company and immovable assets.

(ii) Share of Mrs. Indu Sabharwal shall be 20% of the total movable company and immovable assets.

(iii) Share of Ms. Nisha Singh shall be 20% of the total movable, company and immovable assets.

(iv) Share of Ms. Tara Sabharwal shall be 20% of the total movable, company and immovable assets.

Immovable Properties

(b) It is agreed between the parties that the immovable properties comprising the subject matter of the dispute between the parties herein and the settlement are as follows:-

(i) 5/18th share of 9, Amrita Shergill Marg, New Delhi-110003,

(ii) 71, Jor Bagh, New Delhi-110003, ad measuring 564 sq yds.

(iii) B-II/7, Mohan Co-operative Industrial Estate, New Delhi, ad measuring 803.33 sq yds (proprietorship concern namely Universal Rubber).

(iv) 610, Bhandari House, Nehru Place, New Delhi, ad measuring 713 sq ft.

(v) Agricultural Land at Budhewal (Ludhiana) ad measuring 23 kanals & 11 marlas ad measuring 13,900 sq. yds.

(vi) 50% share in land owned by Bhai Construction Machinery ad measuring 24 kanals & 5 marlas =17,500 sq. yds.

(vii) 50 % share in the land at Budhewal ad measuring 14 kanals and 35 marlas = 19,763 sq.yds in the name of Bhai Engineering Corporation.

(viii) 1/16 A, Asaf Ali Road Flat, First Floor, ad measuring total covered area of 314.6 sq.metres.

(c) It is agreed between the parties that after valuation, the share of the parties to this Settlement Agreement in 9, Amrita Shergill Marg, New Delhi, referred to above shall be mutually interpreted to result in the physical possession being undivided with one party and cash value distributed to the remaining parties in accordance with their respective shares.

Company Properties

(d) It is agreed between the parties that the company assets comprising immovable and movable properties which form the subject matte