RFA 859/2010

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$~92

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

RFA 859/2010 & CM APPL. 17781/2022

TARUN NANDWANI

..... Appellant

Through:

Mr. Arun Batta, Adv. with Mr.

Tarun Nandwani, Mr. Anurag Sharma and

Mr. Abdul Wahid, Advs.

versus

RAM SWARUP NANDWANI & ORS

.... Respondents

Through:

Mr.

Ashish

Aggrwal,

Ms.

Nikita Sharma and Ms. Gourisha Aggrwal,

Advs. for LRs of R-1 with Ms. Rajni Bhalla

in person

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

J U D G M E N T (ORAL)

%

11.04.2022

CM APPL. 17781/2022 in RFA 859/2010

1.

This application, under Order XXIII Rule 3 of the Code of Civil

Procedure, 1908, seeks decreeing of Suit 12/2008, earlier decreed in

part in favour of the respondents by the impugned judgment dated 21^st

September, 2010 of the learned Additional District Judge (“the learned

ADJ”), forming subject matter of challenge in the appeal.

2.

The learned Counsel submit that the dispute between the parties

stands amicably resolved vide an oral Family Settlement dated 14^th

January, 2022, which stands reduced in writing vide Memorandum

dated 14^th February, 2022.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001331

RFA 859/2010

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3.

A copy of the said memorandum of the oral Family Settlement

dated 14^th January, 2022 is placed on record along with this

application.

4.

Learned Counsel for the parties also submit that Respondent 1

has also challenged the impugned judgment dated 21^st September,

2010 by way of RFA 13/2011, which has been admitted and is

pending before a coordinate Bench of this Court. However, it is

submitted that Respondent 1, as the appellant in that appeal, has

expired.

5.

Mr. Arun Batta who represents the legal heirs of the deceased

Respondent 1 in the said proceedings submits that that appeal has thus

abated and they do not seek to move for revival of the appeal, as the

disputes between the parties stand amicably resolved.

6.

The terms of the settlement, as contained in the aforenoted

memorandum of oral Family Settlement dated 14^th January, 2022, are

the following:

“1.

The First Party will be exclusive and absolute owner of

Property No.27, Sector-12A, Dwarka, New Delhi - 110075

and Second Party will not claim any right, title or interest

therein;

2.

The Second Party will be the exclusive and absolute

owner of following properties and First Party will not claim

any right, title or interest therein:

a.

Property bearing No. A-2/175, First Floor,

Janakpuri, New Delhi

b.

Plot No. I-406, TOI, Kundli, KR2-1418, Delhi

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001331

RFA 859/2010

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3.

That both the Parties (First Party and Second Party)

will jointly and in equal share own six shops being Nos.301,

301B, 302, 303, 304 and 307 situated at C-l, LSC, Janakpuri,

New Delhi and they shall jointly let out and or sell out the

same as per mutual discussions and agreements. The rent

received on letting out and/or sale proceeds received on sale

of the said six shops shall be shared equally between the

parties.

4.

The Parties sha1l move joint/compromise application

before the Hon'ble High Court in Regular First Appeal

No.859/2010 for passing of compromise decree in term of/ to

give effect to the present settlement.

5. That the Second Party will give no objection (in

whatever form required) for the lease of rent qua Property

No.27, Sector-12A, Dwarka, New Delhi lying deposited with

the bank in the form of FDR in terms of order mentioned

hereinabove to and/in favour of First Party, which has

deposited in term of order dated 23.03.2010 passed by the

Court of Sh. Arun Bhardwaj, ADJ, Dwarka in Suit No.

12/2009 (now numbered as Misc. DJ ADJ No. 15209/16 and

presided over by Sh. Sachin Jain ADJ-02, South West,

Dwarka Courts Delhi). The First Party shall be entitled to

withdraw all the said amounts and the Second Party shall not