5# % 22.12.2010 Present:- Mr. A.K. Dhupar for the appellant. Ms. Geeta Luthra, Sr.Advocate with Mr. K.C. Jain for the respondent. +CM. No. 22981/2010 & MAT APP No. 1/2010 * By this application filed under Order 23 Rule 3 r/w Section 151 CPC, both the parties seek to place on record the Memorandum of Understanding/Agreement dated 16.12.2010, whereunder the parties have agreed to settle all their inter se disputes. The appellant has also filed a separate affidavit to state that she being a mother and next friend of the minor children has no interest adverse to the minor children and being a mother she is fully competent to take all decisions, in the best interest and welfare of the minor children. The present application is duly signed by both the parties. Both the parties have also filed their respective affidavits in support of the present application. Let joint statement of both the parties be recorded separately. < Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified statement of both the parties has been recorded separately. Both the parties have settled all their inter se disputes in terms of the MOU/Agreement dated 16.12.2010. Both the parties have stated that they shall remain bound by the terms of the MOU/Agreement Ex. C-1 and the joint application moved by them under Order 23 Rule 3 of CPC Ex.C-2 and their affidavits Exs. C-3 to C-5. In terms of the •'jr- settlement the respondent has handed over an amount of Rs.5 lacs through Pay Order bearing no. 187962 dated 18.12.2010 to the appellant who is present in the court. The balance amount of Rs.30 lacs shall be paid by the respondent strictly in terms of the MOU/Agreement dated 16.12.2010. The appellant also states that she has a consent of withdrawal of the civil suit even on behalf of her sister Ms. Anita which suit is pending in the court of Civil Judge, Tis Hazari, Delhi. Based on the said MOU/Agreement dated 16.12.2010, the appellant seeks to withdraw the present appeal. The appellant is permitted to withdraw the present appeal. Accordingly, the appeal is dismissed as withdrawn. With the withdrawal of the present appeal the judgment and decree dated 4.11.2009 passed by the court of ADJ, Delhi shall become final between the parties. Both the parties shall remain fully bound by the terms of th^ MOU/Agreement Ex.C-1, and the averments made by them in the application under Order 23 Rule 3 Ex.C-2 and affidavits Exs. C-3 to C-5. December 22, 2010 KAILASH GAMBHIR, J mg 1^