RFA No. 33/2008 Page No. 1 of 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 501/2007 Date of Decision: 15th May, 2008 # SHASHI MANCHANDA ..... Appellant ! Through: Mr. Sunil Malhotra, Advocate versus $ AJAY KUMAR SABHARWAL & ANR ..... Respondents ^ Through: Mr. Sanjay Gupta, Advocate % CORAM: HON'BLE MR. JUSTICE T. S. THAKUR HON'BLE MR. JUSTICE SIDDHARTH MRIDUL 1. Whether reporters of local papers may be allowed to see the judgment? Not necessary 2. To be referred to the Reporter or not? Not necessary 3. Whether the judgment should be reported in the Digest? Not necessary J U D G M E N T Per Thakur, J(oral) 1. This appeal arises out of a final decree passed by the Court of Additional District Judge, Delhi in a suit for partition filed by respondent No.1 against the appellant and respondent No.2. The parties have now filed a joint application under Order 23 Rule 3 of the CPC for disposal of the appeal on terms that have been RFA No. 33/2008 Page No. 2 of 3 mutually agreed between the parties. The terms of settlement have been enumerated in para 9 (a) to (e) of the said application. Counsel for the parties submit that the appeal can be disposed of in terms of the said terms which read as under:- “(a) That the appellant shall pay a sum of Rs.78 lacs (Rs.39 lacs each) to the respondents namely, Shri Ajay Sabharwal & Smt. Mamta Kochar, towards the agreed value of their respective share in the said purpose, within a period of 2 months from the date of the recording of this settlement by this Hon’ble Court on 15.05.2008. (b) That on the payment of this sum of Rs.78 lacs by the appellant to the Respondents, the appellant shall become absolute owner of property No.2A/42, Ramesh Nagar, New Delhi and the respondents shall be left with no right, title or interest of any kind whatsoever in respect of the property No.2A/42, Ramesh Nagar, New Delhi. (c) That the respondent Shri Ajay Sabharwal has handed over the copy of the sale deed/conveyance deed of property No.2A/42, Ramesh Nagar, New Delhi to the appellant. Upon receipt of aforesaid amount by the respondents, the respondents shall hand over the original title deed to the appellant alongwith all other original documents pertaining to the property No.2A/42, Ramesh Nagar, New Delhi. (d) That in the event of the appellant not praying a sum of Rs.78 Lacs (Rupees Seventy Eight Lacs only) to the respondents within a period of 2 months, the respondents shall pay a sum of Rs.39 lacs to the appellant towards the agreed value of her share in the said purpose within a period of 2 months thereafter and upon receipt f the same the appellant shall be left with no right, that or title in the property in any manner whatsoever. The appellant shall execute all the documents for the transfer of the transfer of RFA No. 33/2008 Page No. 3 of 3 the property No.2A/42, Ramesh Nagar, New Delhi in favour of the respondents. (e) That the parties undertake to sign and execute all other necessary documents, as required by concerned authorities to transfer of name of the owner in their records.” 2. In the circumstances, therefore, and keeping in view the settlement arrived at between the parties, we see no reason why a decree on the above terms should not be passed in favour of the parties in modification of the decree made by the Court below. We, accordingly, allow this appeal to the extent indicated above and direct that in substitution of the decree passed by the Trial Court, the suit filed by respondent No.1 shall stand decreed on the terms indicated in para 9 (a) to (e) of the application extracted above. 3. The parties shall bear their own costs. T.S. THAKUR, J SIDDHARTH MRIDUL, J MAY 15, 2008 ns