I ![ I. !1. - A-9 % 13.05.2010 Present: Mr. K.R Chawla, counsel for the Plaintiffs. Mr. 5.5. johar, counsel for the Defendants. + I.A. No. 6376/2010 (under Order 22 Rule 3 CPC) in C.S. (05) No. 757/2008 * It is said in this application that the Plaintiff had died on 25th April 2010 and there are three legal · representatives only, i.e., his wife, his son and his daughter, who are stated to be major in age and whose particulars are given in para 2 of this application. Notice. Mr. 5.5. johar, Advocate accepts notice on behalf of Defendants and states that he has no objection to bring on record the aforesaid three legal representatives of the deceased Plaintiff. The application is accompanied by affidavit of the wife of the Plaintiff. In view of the aforesaid, this application is allowed and the legal representatives of the deceased Plaintiff, i.e., 5mt. 5avita Bhatia (Wife), 5h. Abhishek Bhatia (son) and Ms. Chaitsa Bhatia (daughter) are allowed to be brought on record as the Plaintiffs. Amended memo of parties filed in court is C.S. (OS) No. 757/2008 Pagel 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 ordered to be taken on record. I.A. stands disposed of. c.s. (05) No. 757/2008 This matter was referred to Delhi High Court Mediation & Conciliation Centre, where it stands settled vide Settlement Agreement of ath February 2010, which is marked as Ex. C-1. Counsel for the Plaintiff states that this Settlement Agreement has been acted upon, as the entire sale consideration for the sale of the suit property stands paid by the Plaintiffs to the Defendants and all that is now required to be done is the execution of the Sale Deed in respect of the suit property and it is also agreed between the learned counsel for the parties that for this purpose, the parties would be appearing before the Sub-Registrar concerned within four weeks for execution of the Sale Deed and Smt. Shashi Ajmani, mother and guardian of Defendant No. 3 - Ms. Shikha Ajmani (minor) would be executing the Sale Deed in respect of the suit property on her behalf. Counsel for the parties also state that this suit for specific performance of the Agreement to Sell of 27th january 2005 be disposed of in terms of the Settlement Agreement of ath February 2010 (Ex.C-1). C.S. (OS) No. 757/2008 Page2 L...__ ________________________ --------- ----------" 'I ·e In the light of the aforesaid, the suit stands disposed of in terms of the Settlement Agreement (Ex.C-1). Parties shall remain bound by the terms of Ex. C-1. Since this matter has been settled through the medium of Delhi High Court Mediation & Conciliation Centre, therefore, the Plaintiffs would be entitled to refund of Court Fees as per the Rules. As prayed for, the court fee be refunded to Plaintiff No.1, i.e., Ms. Savita Bhatia, subject to her obtaining 'no objection' from Plaintiff No.2 and 3 in her favour. This suit is accordingly disposed of. Copy of this order be given dasti to counsel for the parties. May 13, 2010 pkb C.S. (OS) No. 757/2008 Page3 ____ _j