CS(OS) No.456/2009 Page 1 of 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.456/2009 Mst.Razia Begum …. Plaintiff Through: Mr.B.B.Gupta, Advocate along with plaintiff in person. Versus Mr.Mohd.Ilyas & Ors …. Defendants Through: Ms.Mukta Kapur, Advocate along with defendants in person. CORAM: HON’BLE MR. JUSTICE ANIL KUMAR 1. Whether reporters of Local papers may be allowed to see the judgment? YES 2. To be referred to the reporter or not? NO 3. Whether the judgment should be reported in the Digest? NO ANIL KUMAR, J. * IA No.7301/2009 This is an application by the plaintiff and the defendants for decreeing the suit in terms of the settlement arrived at between the parties. The terms and conditions of the settlement are incorporated in the application under Order 23 Rules 1 & 3 read with Section 151 of the Code of Civil Procedure. Under the settlement the parties have agreed that the defendants would sell their 1/3rd undivided share in the property in favour of plaintiff or her nominee by executing and getting registered an appropriate sale deed on or before 31st May, 2009. CS(OS) No.456/2009 Page 2 of 3 The parties have also agreed that defendants shall hand over the physical possession of the portion of property in suit under their use and occupation on first floor and open terrace as detailed in the application. The defendants who are present have undertaken to the Court that on execution of the sale deed in favour of the plaintiff the physical possession of the property in their portion shall be handed over to the plaintiff. The parties have contended that the settlement has been arrived at on their own free will. The application is signed by the parties and their counsel and is also supported by the affidavits of the parties. There doesn’t seem to be any impediment is allowing the application. Consequently, the application is allowed. CS(OS) No.456/2009 The parties have settled their dispute. Under the settlement defendants have agreed to sell their 1/3rd undivided share to the plaintiff by executing a conveyance deed on or before 31st May, 2009. The defendants have also undertaken to the Court that on execution of the conveyance deed the possession shall be handed over to the plaintiff. Consequently, the suit of the plaintiff is disposed of in terms of the settlement arrived at between the parties incorporated in IA No.7301/2009 and the undertaking of the defendants is accepted. CS(OS) No.456/2009 Page 3 of 3 Decree sheet be drawn where IA No.7301/2009 shall form part of the decree. All the pending applications are also disposed of. MAY 27, 2009 ANIL KUMAR, J. “K