The court has the authority to allow condonation of delay in filing an appeal and to modify orders in view of settlement terms reached through mediation.

JUDGMENT :

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

CM APPL. 46062/2019

1. This is an application seeking condonation of delay in filing the present appeal.

2. For the reasons stated in the application, the application is allowed. The delay of 570 days in filing the present appeal is condoned.

3. The application is disposed of.

RFA 923/2019

4. Mr. Ramesh Kumar, learned counsel appearing for the appellant submits that by the efforts of the Delhi Mediation Centre, at Tis Hazari Courts, Delhi, the parties have amicably settled their disputes as noted by the mediation settlement dated 18.04.2022.

5. Learned counsel draws the attention to sub-para (i), (ii) and (iii) on the 1st prayer of the mediation settlement to submit that the present appeal is covered under (iii) of the mediation settlement inasmuch as the property, which was the subject matter of the present appeal has been mutually decided to be sold and proceeds thereof be distributed equally amongst three parties to the present appeal.

6. Mr. Kumar, learned counsel for the appellant draws the attention to para 2 of the mediation settlement to submit that the details in respect of how the property is to be disposed is contained therein and submits that the parties may be bound down to such statement.

7. Mr. Anil Lumba, respondent no.1 appears in person and submits that he has complete faith in the terms and conditions of the settlement deed and requests that the said settlement deed be taken on record and a consent decree be passed.

8. Mr. Bhatnagar, learned counsel along with respondent no.2-Mr. Arun Kumar Lumba, present in person, submits that Mr. Arun Kumar has no objection, however, only requests that the terms and conditions of the settlement may be strictly adhered to by the parties so that no further litigation arises therefrom.

9. This court has perused the terms of the settlement deed and finds that the same are in accordance with law.

10. All the parties to the present appeal appear in person and submit that they are under no coercion or undue influence or misrepresentation or threat whatsoever and have appended their respective signatures to the mediation settlement on 18.04.2022 on their own free will.

11. The true copy of the mediation settlement dated 18.04.2022 is handed-over across the Bench and taken on record. The settlement deed dated 18.04.2022 is marked as Ex.A to the present appeal.

12. It is jointly submitted by learned counsel as well as parties present before this Court that the mediation settlement in respect of the present appeal is as per the para 2 of the mediation settlement and the parties have agreed for distribution of 1/3rd share each in the suit property and to dispose of the property and distribute and disburse the sale proceeds 1/3rd each between themselves.

13. All parties are ad idem to the aforesaid settlement terms.

14. The self attested photocopies of the identity cards of the respective parties present in person before this Court is handed over to the Court and placed in the file and the same are marked as Ex. B (colly). The statement of the parties are also recorded.

15. In view of the aforesaid terms of the settlement as recorded in mediation report dated 18.04.2022, the impugned order is modified accordingly.

16. Decree sheet be drawn up accordingly. The appeal is disposed of along with the pending applications.