TMI Blog2015 (2) TMI 1381X X X X Extracts X X X X X X X X Extracts X X X X ..... Ordered accordingly. The suit is decreed in terms of the settlement recorded on 7.11.2014. - CS(OS) 1176/2007 & IAs No.15799/2012, 1581/2012, 2874/2013 and 3900/2015 - - - Dated:- 25-2-2015 - HON'BLE MS.JUSTICE HIMA KOHLI For the Appellant : Mr. A.B. Dial, Sr. Advocate with Ms. Kanchan Kaur Dhodi and Ms. Harshe, Advocates For the Respondent : Mr. G.P. Thareja, Advocate, Mr. Nitesh Jain, Advocate, Mr. Rajeev Kumar, Advocate for with Mr. Arun Kathpalia, Advocate ORDER HIMA KOHLI, J.(Oral) 1. On 7.11.2014 the parties had arrived at a settlement in the Court and a comprehensive settlement was recorded in the order passed on the said date. In terms of the settlement arrived at between the parties, the defen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders dated 12.7.2007 and 8.4.2009 in respect of the aforesaid property are vacated. It was also agreed between the parties that on receipt of the aforesaid amount, the plaintiff and the defendants No.3 4 would file no objections for grant of probate of a will dated 17.6.1999 executed by their father in favour of the defendant No.1 and they would also have no objection if the amount of Rs.69,40,000/-, which is lying in the Court by way of rent received from the property situated at Vasant Vihar, New Delhi, is released in favour of the defendant No.1 and they would sign all the documents, if any, required by the defendant No.1 for sale of the property, without causing any delay. 6. In view of the settlement arrived at between the part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said affidavits are handed over by the counsels for the plaintiff and the defendants No.3 4 and taken on record and copies thereof have been furnished to the counsel for the defendant No.1, who states that the buyer has requested that a more comprehensive affidavit be got executed from the plaintiff and the defendants No.3 4 to ensure that there is no cloud hanging on the title of the property. 9. The proposed draft affidavits were exchanged on the first call in the pre-lunch session and in the post lunch session, counsels for the plaintiff and the defendants No.3 4 had handed over duly sworn fresh affidavits executed by their clients on the lines requested by the defendant No.1 and the proposed purchaser, represented through Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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