Avnija Ahluwalia(Minor) vs Bikramjit Ahluwalia & Ors.

Sanjeev Sachdeva, J

CS(OS) 2202/2011 & IA No.11838/2012 (under Order XXIII Rule 1 CPC) & IA No.11839/2017 (under Order XXXII Rules 6 & 7

CPC)

The present suit has been filed by the plaintiff for declaration, partition and rendition of accounts.

Pending the above suit, the parties were referred to mediation by order dated 30.08.2017, passed in FAO(OS) 14/2017. Parties have settled their

disputes through the process of mediation and the Settlement Agreement dated 25.09.2017 has been entered into.

Since the parties were referred to mediation by the above referred order of the Division Bench, the Settlement Agreement was produced before

the Division Bench and, accordingly, by order dated 11.10.2017, the Settlement Agreement has been accepted. Even the undertakings given by the

parties to abide by the terms of the settlement has been accepted by the Division Bench.

The appeal has been disposed of in terms of the Settlement Agreement dated 25.09.2017.

By IA 11829/2017, it is contended that the plaintiff, is a minor and has filed the present suit through her mother and the next friend, and that the

mother does not have any interest adverse to the interest of the minor plaintiff.

The Division Bench, by order dated 11.10.2017, has already recorded that the terms of settlement are in the welfare and benefit of the minor

plaintiff.

Mrs. Simran Ahluwalia and Mr. Vikas Ahluwalia are present in Court and they affirm their signatures on the Settlement Agreement dated

25.09.2017.

In view of the above, the application being IA 11839/2017 is allowed. Mrs. Simran Ahluwalia, the mother of the plaintiff, is accepted as the

guardian of the minor and the properties of the minor.

In view of the Settlement Agreement dated 25.09.2017 and the order of the Division Bench dated 11.10.2017 in FA(OS) 14/2017, the application

being IA No.11838/2017 is also allowed.

The suit is, accordingly, dismissed as withdrawn.

Decree Sheet be drawn up accordingly.

Order Dasti under the signatures of the Court Master.