SONI DAVE  Vs RAJINDER SINGH MANGAT & ORS.

CS(OS) 310/2019 Page 1 of 5
$~EB-18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 310/2019 & I.A. 8320/2019
SONI DAVE ….. Plaintiff
Through: Mr.Bharat Arora, Adv.

versus

RAJINDER SINGH MANGAT & ORS. ….. Defendant s
Through: Ms.Nidhi Mohan Parashar and
Mr.Sajal Manchanda , Advs. for Defendant
nos. 2 and 3.
Mr.Nishant Anand, Advocate for Defendant
No. 1,5,6,7 and 8
CORAM:
HON’BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (O R A L)
% 08.01.2021
(Video-Conferencing)

1. All seven defendants, as pe r the amended memo of parties dated
5th November, 2019, are represented today by learned Counsel. This
matter was referred to mediation under the aegis of the Delhi High
Court Mediation & Conciliation Centre.

2. The dispute between the parties has been settled, and a
settlement agreement dated 6th January, 2021, has been received from
the Delhi High Court Mediation & Conciliation Centre. The terms of
settlement, as contained in the said settlement agre ement, are
reproduced hereunder :
2021:DHC:78CS(OS) 310/2019 Page 2 of 5
“1) That it is agreed between the parties that the parties are
the co-owners/co -lessees of the suit property in the following
ratio –

i) Plaintiff /First Party – 1/5th i.e. 20%
ii) Defendant No 1/Second Party – 1/5th i.e. 20%
iii) Defendant No 2/Third Party – 1/10th i.e. 10%
iv) Defendant No 3/Fourth Party – 1/10th i.e. 10%
v) Defendant No 4/Fifth Party – 1/10th i.e. 10%
vi) Defendant No 5/Sixth Party – 1/10thi.e 10%
vii) Defendant No 6/Seventh Party – 1/10thi.e 10%
viii) Defendant No 7/Eighth Party – 1/10thi.e 10%

2) That the parties agree that the suit property cannot be
divided by metes and bounds. The parties have decided and
agreed that the suit Property shall be sold to a Third Party by
way of a private sale on the terms and conditions mutually
acceptable to the parties. Any of the parties shall be at liberty
to identify a potential buyer and the sale shall be concluded
by the consent of the parties in the manner provided in this
Settlement Agreement. The sale proceeds realized therefrom
shall be apportioned between the parties as per their
respective share in the suit property.
3) That the suit property is a leasehold Property standing
in the name of late Sardar Dharam Singh. The Parties agree to
jointly take steps to have their names mutated in the records
of Delhi Development Authority and to convert the suit
property from leasehold to freehold. The parties shall jointly
2021:DHC:78CS(OS) 310/2019 Page 3 of 5
apply for mutating their names in the suit Property to DDA
within 90 days of signing of this Settlement Agreement. The
Parties shall thereafter within 90 days of the mutation jointly
apply for conversion of the suit Property from leasehold to
freehold. The Parties agree and undertake to fully co-operate
with each other for signing of all applications, documents,
affidavits, bonds etc. that may be required for mutation and
subsequently for conversion of the suit property from leasehold to freehold before the concerned authority. In case
any party is not in Delhi or is living abroad they will appoint a constituted attorney by executing a Power of Attorney in
favour of any other Party or anyone else who is available in Delhi so as to facilitate and expedite the mutation and
conversion procedure of the suit property. The cost of
mutation and conversion as aforesaid shall be borne by each
of the parties in proportion to their share in the suit property.
4) The Parties are at liberty to enter into an Agreement to
sell with a buyer offering the highest price and the best terms
and conditions upon signing of this Settlement Agreement.
5) If all the parties agree, the suit property may be sold to
a suitable buyer who is willing to purchase the suit property
on an “as is where is basis”, without waiting for the mutation
and conversion process to be completed.
6) The Parties shall complete the Sale of the suit Property
within 12 months of the execution of the present Settlement
2021:DHC:78CS(OS) 310/2019 Page 4 of 5
Agreement or within 3 months of the execution and
registration of the freehold Conveyance Deed in their favour,
whichever is later. This time may be extended by the parties
by mutual consent in writing. It is reiterated that if all the
parties agree to sell the Suit property on “As is where is
basis”, then they may proceed with the same subject to consent of all the parties without converting the Suit Property
from leasehold to freehold.
7) That the Partiers agree that if all parties fail to sell the
Suit Property within the time stipulated in this Settlement
Agreement, any party may approach the Hon’ble High Court
of Delhi for sale of Suit Property through Court auction or any other alternate mode subject to orders of the Hon’ble
High Court of Delhi.
8) The Parties hereby agree, declare and covenant that the
Parties shall remain bound by the Agreement and the terms
thereof and shall not dispute, deny, object or challenge the
same under any circumstances or at any point of time and the
Parties agree that they shall not be allowed to withdraw from the terms and conditions mentioned in this agreement.
9) That the Parties herein agree and declare that each
covenant of this agree ment shall constitute as an undertaking
to the Hon’ble Court, violation whereof will make the
defaulting party liable for contempt of court proceedings.

2021:DHC:78CS(OS) 310/2019 Page 5 of 5
10) The Parties further agree that the terms, conditions and
covenants as agreed and stated herein shall not be amended,
altered and/or changed by any oral agreement between any of
the Parties. All amendments, alterations and changes shall be
in writing to be signed by all the Parties.

11) The Parties agree that the present suit may be disposed
of in terms of the present Settlement Agreement and a decree
recording the present settlement be passed thereof. The parties shall bear the Court Fees, if any, equally in their respective
shares.”

3. The settlement agreement shall be treated as an appendix to th is
order, and all parties shall remain bound by the terms thereof.

4. As the disputes stand settled among the parties, nothing
survives for adjudication in this case. The suit is consequently decreed in terms of the aforesaid settlement agreement dated 6
th
January, 2021. Formal decree sheet be drawn up by the Registry in accordance with law.

I.A. 8320/2019
In view of the disposal of the suit, the application also stands
disposed of.

C.HARI SHANKAR, J
JANUARY 8, 2021 /kr
2021:DHC:78