AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjeev Sachdeva, J
CS(OS) 2018/2011 & IA No.11480/2017(O.XXIII R.1 CPC)
By this application under Order XXIII Rule 1, the plaintiff seeks leave to withdraw this Suit in terms of the settlement arrived at with the defendants
and as recorded in the Settlement Agreement dated 26.09.2017.
The plaintiff had filed the present suit for partition and permanent injunction.
The parties were referred to Mediation and a Settlement Agreement dated 26.09.2017 has been entered into through the process of Mediation.
The Settlement Agreement dated 26.09.2017 is signed by the plaintiff and the defendants. Mr Mudit Agarwal has signed the Settlement as Power
of Attorney of Ms Parul Agarwal, sister of Mr Mudit Agarwal. Copy of the General Power of Attorney is also annexed with the Settlement
Agreement.
The Settlement Agreement is taken on record and marked as Exhibit C-1.
I have examined the terms of the Settlement Agreement and find the same to be lawful.
Learned counsel for the plaintiff submits that in view of the Settlement between the parties, as recorded in Exhibit C-1, he wishes to withdraw the
Suit.
Accordingly, the suit is dismissed as withdrawn.
Decree sheet be drawn up.
Since the Settlement has taken place through the process of Mediation, the plaintiff is entitled to seek refund of the appropriate court fees from the
concerned Authority.
The Registry is accordingly directed to issue a Certificate authorizing the plaintiff to seek refund of the appropriate court fees from the concerned
Authority.
The next date of 24.10.2017 stands cancelled.
Dasti under signatures of the Court Master.