2024 Supreme(Online)(DEL) 32789
$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 9/2019 MRS. SHASHI KANTA THAPAR & ANR. .....Plaintiffs Through: Mr. Jaspal Singh, Advocate;
Ms. Namrah Nasir, Advocate versus MR. VARINDER MALHOTRA & ORS. .....Defendants Through: Mr. Ishaan Mukherjee, Mr. Animesh Tripathi, Advocate(s) for R-1 & 2 Mr. Parul Gambhir Advocates for R-
3, 4 & 5 CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
JASPAL SINGH
O R D E R
% 24.10.2024 I.A. 43296/2024, CS(OS) 9/2019
1. This application under Order XXIII Rule 3 has been filed by the Plaintiff seeking consent decree in terms of the compromise deed dated
16.08.2024.
2. The present Suit is one for declaration, partition and rendition of accounts of the Suit scheduled properties.
3. It is stated that a compromise deed has been entered into between the parties on 16.08.2024. The compromise deed has been annexed with the present application and the same reads as under:
“ COMPROMISE DEED CS(OS) 9/2019 Page 1 of 10 This Deed of Compromise (herein after referred to as "Compromise") is signed and executed at New Delhi on this the 16th day of AUGUST 2024;
BY AND BETWEEN Ms. Shashi Kanta Thapar, Dio Late Shri Chatur Bhuj Malhotra, R/o 13/2A, Aravali View, Rail Vihar, Sector- 56, Gurugram, Haryana 122011 (hereinafter referred to as the "First Party", which expression shall, unless it be repugnant to the subject or context thereof, be deemed to mean and include their heirs, executors, administrators, successors and permitted assigns) of the FIRST PART;
AND Mrs. Kiran Bala Jalota, D/o Late Shri Chatur Bhaj Malhotra, R/o H. No. 14, Phelps Dr., Brampton, Ontario-L6X3V4, Canada, through her Power of Attorney-holder Mr. Lajpat Rai Thapar, R/o 13/2A, Aravali View, Rail Vihar, Sector 56, Gurugram, Haryana 122011 (hereinafter collectively referred to as the "Second Party", which expression shall, unless it be repugnant to the subject or context thereof, be deemed to mean and include their heirs, executors, administrators, successors and permitted assigns) of the SECOND PART;
AND Mr. Varinder Mohan Malhotra, S/o Late Shri Chatur Bhuj Malhotra, Rio H. No. 1057, Sector-37B, Chandigarh-160036 (hereinafter collectively referred to as the "Third Party", which expression shall, unless it be repugnant to the subject or context thereof, be deemed to mean and include their heirs, executors, CS(OS) 9/2019 Page 2 of 10 administrators, successors and permitted assigns) of the THIRD PART AND Mrs. Indra Puri, Dio Late Shri Chatur Bhuj Malhotra, R/o H. No. 203, Green park, Jalandhar City, Punjab 144001 (hereinafter collectively referred to as the "Fourth Party", which expression shall, unless it be repugnant to the subject or context thereof, be deemed to mean and include their heirs, executors, administrators, successors and permitted assigns) of the FOURTH PART;
AND Mrs. Renu Malhotra, W/o Late Shri Kamal Krishan Malhotra, R/o 849, Urban Estate Phase 1, Jalandhar City, Punjab-144022 (hereinafter collectively referred to as the "Fifth Party", which expression shall, unless it be repugnant to the subject or context thereof, be deemed to mean and include their heim, executors, administrators, successors and permitted assigns) of the FIFTH PART:
AND Mr. Himanshu Malhotra, S/o Late Shri Kamal Krishan Malhotra, Rio 849 Urban Estate Phase 1. Jalandhar City, Punjab - 144022 through his Power of Attomey- holder Mrs. Renu Malhotra Rio 849, Urhan Estate, Phase 1, Jalandhar City, Punjab 144022 (hereinafter collectively referred to as the "Sixth Party", which expression shall, unless it be repugnant to the subject or context thereof, be deemed to mean and include their heirs, executors, administrators, seocessors and permitted antigna) of the SIXTH PART:
CS(OS) 9/2019 Page 3 of 10 AND Mr. Nishant Malhotra, Sio Late Shri Kamal Krishan Malhotra, R/o 849 Urban Estate Phase 1, Jalandhar City, Punjab-144022 (hereinafter collectively referred to as the "Seventh Party". which expression shali, unless it be repugnant to the subject or context thereof, be deemed to mean and include their heirs, executors, administrators, successors and permitted assigns) of the SEVENTH PART The First Party, the Second Party, the Third Party, the Fourth Party, the Fifth party, the Sixth Party and the Seventh Party shail hereinafter be referred to individually as a "Party" and collectively as the "Parties".
WHEREAS:
A. The Parties are all Ingal heirs of Late Shri Chatur Binij