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SURESH KUMAR KAIT
Urvashi Kumar – Appellant
Versus
Sanjeev Rai – Respondent
JUDGMENT
Suresh Kumar Kait, J. - IA NO. 15117/2021(U/O XXIII R 1 R/W SEC. 151 CPC)
1. In the present suit for partition and declaration with respect to property at bearing No. P-86, New Delhi South Ext.- Part-II, New Delhi-110049 admeasuring 250 sq. yds and built up area of 150 sq. yds with ground floor and first floor, the present application has been filed by the plaintiff seeking withdrawal of the same.
2. At the hearing, learned counsel appearing on behalf of plaintiff has submitted that the parties to the present suit are related to each other and with the intervention of well wisher of the parties, the subject matter of dispute stands amicably resolved.
3. Notice issued.
4. Ms. Poornima Maheshwari, Advocate, accepts notice on behalf of defendant and she has affirmed the submission advanced on behalf of plaintiff.
5. Learned counsel for defendant submits that in terms of settlement, defendant- Sanjeev Rai has agreed to pay amount of Rs. One Crore to plaintiff towards full and final settlement in respect of suit property.
6. Today, learned counsel for defendant has handed over a demand draft bearing No. 502770, dated 09.11.2021, amounting to Rs. One Crore, drawn on ICICI Bank, Branch
The court can permit the withdrawal of a suit if the parties reach a settlement agreement resolving the subject matter of dispute.
The court supports amicable resolutions in disputes, allowing withdrawal of a suit after mutual settlement between parties.
The plaintiff’s right to withdraw a suit prevails even with an earlier undertaking, particularly with a pending comprehensive suit for the same subject matter.
Amicable settlement allows withdrawal of suit and extinguishment of claims upon mutual agreement between parties.
The Trial Court must ascertain the authenticity of a settlement before dismissing a suit, failing which the order lacks merit.
Civil Suit - Appeal against order of refusal of refund of entire court fee - Plaintiff is entitled to refund of entire court fees - Settlement/agreement arrived at between parties is valid and lawful....
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