KAUSHALYA KANAL Vs. HANS RAJ
HIGH COURT OF DELHI
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T.S.Thakur, J. -
(1.) This appeal arises out of a suit for specific performance which the Trial
Court of Additional District Judge has decreed against the appellant seller. At
one stage of the proceedings, a reference to the Mediation and Conciliation
Centre in the High Court was made to enable the parties to explore the
possibilities of an amicable settlement. The said proceedings were however
unsuccessful to bring about a settlement. Counsel for the parties today submit
that despite the failure of the settlement talks before the Mediation Centre,
the parties have successfully negotiated an amicable settlement between
themselves. This settlement is according to them drawn in the form of a
compromise deed which has been produced in original before us today. A reading
of the said compromise deed would show that the appellants have agreed to
receive a sum of Rs.4,30,000/- representing the balance of the sale
consideration and hand over the peaceful and vacant possession of the property
to the respondent. A bank draft bearing No. 242492 dated 11.5.2007 for the said
amount drawn on Bank of Baroda in the name of Rajni Mahajan has accordingly been
handed over to her who is also present in person and who has received the same
on her behalf and on behalf of all the appellants.
(2.) Learned counsel for the appellant submits that in the light of the
compromise amicably arrived at between the parties, this appeal could be
disposed of in terms of the said compromise. We order accordingly. The parties
are left to bear their own costs. The terms of the compromise deed shall form a
part of the decree to be drawn up by the Registry.
(3.) We further direct that the bank draft earlier filed by the respondents
before the trial court for a sum of Rs.4,30,000/- in the name of late Smt.
Kaushalya Kanal shall now be returned to the respondent. The stamp papers
presented by the respondent for execution of the sale instrument shall also be
returned to the respondent to get them revalidated if otherwise permissible in
law for execution of a sale instrument in his favour in terms of the decree.
The original documents, if any, filed including the power of attorney and the
death certificate shall also be returned to the respondent in accordance with
the rules on the subject. Order Dasti.
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