Settlement agreements reached during mediation are binding on parties, including disputes not originally part of the court proceedings.

JUDGMENT

M. R. Shah, J.

Present petition has been filed for non-compliance of the order dated 05.05.2017 passed in this Court in Special Leave Petition (C) No.10022 of 2016.

2. Litigation started between the father and daughter namely Jodha Ram and Kaushaliya. Smt. Kaushaliya filed a suit for injunction against her father Jodha Ram with respect to some of the properties. Jodha Ram – father filed a counter claim. Smt. Kaushaliya lost before the Learned Trial Court. However, the counter claim came to be allowed. The matter was ultimately reached to this Court by way of Special Leave Petition (C) No.10022 of 2016. Pursuant to the order passed by this Court dated 24.10.2016, the matter was referred to the Mediation Centre, Supreme Court to explore the possibility of amicable settlement between the parties. Both the parties entered into a settlement agreement dated 10.02.2017. As per the settlement both the parties agreed as under:

“1. It is agreed between the parties that Respondent No.1 (Shri Jodha Ram) i.e. Father of the Petitioner shall purchase another plot bearing No.55, Hudco Scheme, D-Circle, Kirti Nagar, Jodhpur, Rajasthan, admeasuring (30 X 13) 390 Sq.Ft., and get it registered in the name of the Petitioner Ms. Kaushaliya within four weeks from the final settlement/consent order of this Hon’ble Court.

2. It is also agreed the parties that the entire sum for the registry, stamp duty, mutation etc. would be borne by the Respondent No.1 Mr. Jodha Ram.

3. It is agreed between the parties that in view of the Respondent No.1 buying the property as mentioned in clause – 1 and 2 of this settlement agreement, the petitioner shall handover complete, vacant and peaceful possession of the disputed properties (as shown in site map annexed by Petitioner in original Civil Suit No.29 of 2010 filed before Additional Civil Judge, Junior Division, Jodhpur, Rajasthan) bearing Plot No.29D, land adjoining 29D (four parts) and land adjoining 29D (two parts) forming part of Meera Bhawan, Ship House, First Polo, Pawta, Jodhpur, Rajasthan and undisputed properties bearing Plot Nos. 29, 29A, forming part of Jodha Bhawan, Ship House, First Polo, Pawta, Jodhpur, Rajasthan to the Respondent No.1.

4. It is agreed between the parties that complete, vacant and peaceful possession of the properties mentioned in clause no.2 of this settlement agreement shall be handed over by the petitioner to the respondent no.1 simultaneously on respondent no.1 handling over registry and sale documents of property mentioned in clause – 1 of this settlement agreement in favour of the petitioner. The petitioner undertakes not to create any third party right in any manner in respect of the said property till the final settlement.

5. It is agreed between the parties that all necessary steps shall be taken by each party within eight weeks to withdraw all pending litigations between the parties shall be withdrawn by each within four weeks from the final settlement/consent order of this Hon’ble Court.

6. It is agreed between the parties that the petition pending before the sessions court Jodhpur, Rajasthan titled Kailash Vs. Jodha Ram, Kaushaliya and Ors. bearing case no.9 of 2011 will also be settled between the parties. Aforesaid petition is with regard to ten LIC bonds of Rs.50,000/- each bearing Nos.104200480, 104200481, 104200482, 104200483, 104200484, 104200485, 104200486, 104200487, 104200491 and 104200501, date of proposal of all bonds being 19.03.2007 and date of commencement of being 20.03.2007 for a term of ten years, totaling Rs.5 Lakh, the proceeds of which shall be shared in equal proportion between the petitioner and Respondent No.2 herein Shri Kailash by way of two separate cheques of equal amounts to be received by petitioner and Respondent No.2 from LIC.

7. By signing this agreement, the parties hereto