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Judgment
Sudhanshu Dhulia, J
The appellants had filed a suit for declaration and injunction against their brother regarding the property on which the appellants have raised their
claim, and which is being controlled and managed by their brother.
The case of the appellants/plaintiffs was that their father Sri Avinash Chand Dang who is about 74 years of age has been incapacitated due to a
stroke, and therefore, he was not fully in his senses and their brother has taken an undue advantage of his condition and the appellants fear for the
dissipation of the property at the hands of the brother.
The suit filed by the appellants is already pending before the Civil Judge (Senior Division), Rishikesh, District Dehradun. Meanwhile, an application
for a temporary injunction was moved by the appellants, which has been rejected by the court below on 04.09.2018. Aggrieved, the appellants have
filed the present appeal from order before this Court.
Considering this to be a family dispute over property, this Court on 27.11.2019 had sent the parties for mediation before the Registrar of this Court.
The report of the Registrar has come which has the signatures of the appellants and of the respondents or their assignees.
This Court has been informed that the parties have arrived at a settlement. The settlement arrived at between the parties reads as under:-
“In the aforesaid matter, the Hon’ble Court vide order dated: 27.11.2019 has directed both the parties to appear for mediation/conciliation.
The matter was taken up today for mediation.
All the parties have agreed to settle their dispute amicably on the following terms:
The parties hereto acknowledge and approve the registered will dated 27.01.2017 and registered power of attorney dated 27.01.2017 executed by
Sri Avinash Chand Dang. The power of attorney holder would be empowered to act on the basis of such power of attorney without any objection and
dispute by the other parties.
The immovable properties belonging to Sri Avinash Chand Dang will remain his properties during his life time and after his death, the same will be
dealt with and inherited in the manner as prescribed and provided in the registered will dated 27.01.2017 of Sri Avinash Chand Dang.
The immovable properties belonging to late Smt. Kamlesh Arora (Dang) W/o Sri Avinash Chand Dang will be inherited in the manner provided in
the will left by her.
The F.D.R. and bank deposits lying in the name of Sri Avinash Chand Dang or in the name of Smt. Kamlesh Arora or in the joint name of Sri
Avinash Chand Dang and Smt. Kamlesh Arora in which no nominee has been nominated will be divided in five equal shares for 1. Sri Avinash Chand
Dang 2. Virendra Dang 3. Rakesh Kumar Dang 4. Smt. Deepa Virmani and 5. Smt. Pooja Sahani.
The F.D.R. and bank deposits lying in the name of Sri Avinash Chand Dang or in the name of Smt. Kamlesh Arora or in the joint name of Sri
Avinash Chand Dang and Smt. Kamlesh Arora in which a nomination is made shall go to person nominated therein without any right or objection from
the other parties.
The F.D.R. and bank deposits lying in the name of Sri Avinash Chand Dang or in the name of Smt. Kamlesh Arora or in the joint name of Sri
Avinash Chand Dang and Smt. Kamlesh Arora in which any third name/person is also included i.e. any amount lying deposit in the name of three
person or more including Sri Avinash Chand Dang and Smt. Kamlesh Arora will go to such third person without any right or objection by the other
parties.
The aforesaid reference to nomination in the deposits is a reference to a nomination made before 21.04.2016 and the distribution of the deposit in
five equal share would be of the amount as lying deposit today on 28.11.2019 without dispute or withdrawal/addition in those account prior to
28.11.2019.
That the amount will be withdrawn and distributed amongst the parties within one month from today. The power of attorney holder would be
entitled to withdraw such amount in exercise of power under the power of attorney and will immediately give the same to respective share holder. The
parties on completion of such transaction will appear before the learned court below where the suit is pending and will file an appropriate application
with regard to fulfillment and transfer/receipt of the amount in aforesaid shares on which the suit will be decided in term of compromise.
In case the amount as aforesaid is not being given in compliance of the present settlement/agreement, the present compromise would automatically
get cancelled and the parties would be at liberty to either seek revival of the present appeal or to enforce their right before the court below.
The power of attorney holders will issue post dated cheques in favour of Smt. Deepa Virmani and Smt. Pooja Sahani in respect of their shares in
deposits as aforesaid. After withdrawal of the amount by the power of attorney holders, either the same cheques would be honoured or fresh cheques
would be issued or fresh demand draft in that respect will be issued. The P.D.C. will be returned at the time of handing over of fresh cheque or
demand drafts as the case may be.
Parties will not enter into any further litigation against each other and will not initiate any further proceeding against each other.â€
The agreement so reached between the parties is made a part of the record. The entire record is now required to be sent before the Civil Judge
(Senior Division), Rishikesh, District Dehradun who shall decide the matter in accordance with the settlement arrived at between the parties as
expeditiously as possible.
In view of the above, the appeal from order stands disposed of.
Interim order dated 05.03.2019 is hereby vacated.
It is made clear that the vacation of the interim order will not restrict the court below from passing any further orders which it deems just and
proper.
Registry is directed to send the records of the case in a sealed envelope before the court concerned.
Let a certified copy of this order be issued within a period of twenty-four hours on payment of usual charges.