CM(M) 786/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 25^th August 2022

Pronounced on: 8^th September 2022

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CM(M) 786/2022

DHRUV MEHTA

..... Petitioner

Through:

Ms. Shobhana Takiar, Adv.

Versus

AROON MEHTA AND ANR

..... Respondents

Through: Ms. Geeta Luthra, Sr. Adv. with

Ms.Kamakshi

Gupta

and

Mr.

Manas

Agrawal, Advs. for R-1

Ms. Shivangi Sharma, Adv. for the R-2

CORAM:

HON’BLE MR. JUSTICE C. HARI SHANKAR

%

J U D G M E N T

08.09.2022

1.

Radhey Mohan Mehta and Usha Rani Mehta had three children,

namely Aroon Mehta (Respondent 1), Karan Mehta and Kiran Kalra

(Respondent 2). Dhruv Mehta (the petitioner) was the son of Karan

Mehta and his wife Benu Mehta. The family tree, therefore, looks like

this:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003512

CM(M) 786/2022

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2.

The petitioner Dhruv Mehta and his mother Benu Mehta

instituted CS DJ 2143/2006 (later renumbered CS DJ 113/2016)

against Usha Rani Mehta, Respondent 1 Aroon Mehta and Respondent

2 Kiran Kalra. The suit sought partition of property bearing A-377,

Defence Colony, New Delhi (“the suit property”). The suit property

consisted of ground floor, first floor and second floor.

3.

Cross objections were filed in the said suit by Kiran Kalra,

which were registered as CS DJ 9758/2016.

4.

The aforesaid two suits, i.e. CS DJ 113/2016 and CS DJ

9758/2016 (the cross objections filed by Kiran Kalra) were decreed by

Mr. Mohinder Virat, the learned Additional District Judge (“the

learned ADJ”), on 18^th April 2019, on the basis of a compromise

arrived at among the parties. The terms of the compromise were

contained in the statements of the parties recorded on the said date.

Radhey Mohan

Mehta

&

Usha Rani Mehta

Aroon Mehta

Karan Mehta

&

Benu Mehta

Kiran Kalra

Dhruv Mehta

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003512

CM(M) 786/2022

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The order passed by the learned ADJ on 18^th April 2019, and the

statements of the petitioner Dhruv Mehta, Defendant 1 Usha Rani

Mehta and Respondent 1 Aroon Mehta, as recorded on the same day,

deserve to be reproduced, in full, thus:

“(a)

Statement of Shri Dhruv Mehta

Statement of Sh. Dhruv Mehta, S/o Late Sh. Karan Mehta,

R/o A-377, Defence Colony, New Delhi.

On S.A.

I am the plaintiff no. 1 in the present suit. I state that

the suit filed by me may be decreed in terms of settlement

arrived at between me and defendants:-

(i)

I shall be the sole and the absolute owner of ground

floor of property bearing no. A-377, Defence Colony, New

Delhi.

(ii)

That during the life time of defendant no. 1, she shall

have right to reside in the ground floor of the abovesaid

property as per the current arrangement existing as of date.

(iii)

I shall have no claim against the remaining property

and considered defendant no. 2 as a sole and absolute owner

of the rest of the property including terrace right.

This is my true statement and I shall be bound by the

same.

RO & AC

(b)

Statement of Ms. Usha Rani Mehta

Statement of Ms. Usha Rani Mehta, W/o Late Sh. Radhey

Mohan Mehta, R/o A-377, Defence Colony, New Delhi.

On S.A.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003512

CM(M) 786/2022

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I am the defendant no. 1 in the present suit. I state that the

suit and counterclaim filed against me may be decreed in

terms of settlement arrived at between me, plaintiff no. 1 and

defendant no. 2 and 3.

(i)

The statement of plaintiff, defendant no. 2 and the

counter claimant/defendant no. 3 have been read over and

explained to me and I have no objection if the present suit and

the counter claim of defendant no. 3 are disposed of as

compromised in terms o the settlement terms stated in the

statement of the plaintiff no. 1, defendant no. 2 & 3, which

may be read as part and parce