CS(OS)/461/2000 of BIPIN GUPTA & ORS. Vs LAXMI NARAIN GUPTA & ORS. D+ on 14 December 2005

OrdersSr. No. I Date%14-12-2005Present! Mr. Pradeep Gupta for. the plaintiffMr, Akshay Makhija for the defendantTA 10211/05 in CSfOS) 461/2000This is a joint application filed under Order XXIll Rule 3 ofCode of Civil Procedure for recording compromise entered into betweenthe parties and passing of decree in terms thereof. It is, inter-alia, statedthat the parties have settled the matter as per MOU dated 22.11.2005 andthe terms of are stated in the said MOU which is annexed ascompromise Annexure -I to this The manner in which the areapplication. properties /partitioned is entered in the site plans annexed to this application. All theparties except plaintiff no. 3 are present and they confirm having arrivedat the settlement and also that have the MOU as well asthey signed 4^affidavits enclosed with this application. Haintiff no, 3 has also signedthe affidavit. Learned counsel for the plaintiff however, has made thestatement that no. 3 has also the said settlement as well asplaintiff signed affidavit and because of illness of her husband, she has not been able tocometo the court today. On going throu^ the settlement, I am satisfiedthat decree in terms thereof shall be passed and therefore, there is no legal i

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