- (1.) Ia No.24581/2015(by plaintiff u/S 151 CPC) The present application has been filed by the plaintiff through Ms.Deepti Kathpalia, Advocate stating inter alia that he may be granted leave to withdraw the suit on the ground that all the litigations between the parties, including the present suit have been amicably resolved through out of court settlement, recorded in Memorandum of Understanding dated 16.9.2015, a copy whereof has been enclosed with the present application and marked as Annexure-A.
(2.) Learned counsel states that the dispute in the present suit is between the plaintiff and the defendant No.1(husband and wife) and the defendant No.2 (mother of the defendant no. 1) and the defendants No.3 & 4 (brother and sister-in-law of the defendant No.1). She submits that the plaintiff had instituted the present suit for possession in respect of property bearing No.C-57, Greater Kailash-I, New Delhi and for recovery of money etc. against the defendants which forms a part of the settlement recorded in the Memorandum of Understanding dated 16.9.2015 and in terms of the said settlement, with the consent of the defendants the plaintiff has disposed of the suit property. Therefore, nothing further survives for adjudication in the present suit.
(3.) Ms. Kathpalia, Advocate clarifies that initially she was appearing for the defendants, but both sides had reposed faith in her to facilitate a settlement and therefore, she has filed the present application as the counsel for the plaintiff to which the defendants have no objection. Defendant no. 1 who is present in court confirms the said position. The plaintiff and the defendant no. 1 also confirm the fact that they have amicably resolved all their disputes and differences, as detailed in the MOU dated 16.9.2015.;