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2007 DIGILAW 1724 (DEL)

MANISHA MEHRA v. MUNISH MEHRA

2007-08-27

SANJAY KISHAN KAUL

body2007
SANJAY KISHAN KAUL, J. ( 1 ) THE plaintiffs have filed the present suit for declaration and cancellation of the Sale Deeds dated 21. 4. 2005 and 1. 2. 2005 as also the Release Deed dated 11. 4. 2005. ( 2 ) THE plaintiff No. 1 is the minor daughter of defendant No. 1 while plaintiff no. 2 is the wife of defendant No. 2. Defendant No. 2 is the mother of defendant no. 1 while defendants 3 and 4 are the brothers of defendant No. 1. ( 3 ) THERE are matrimonial disputes between plaintiff No. 2 and defendant No. 1. ( 4 ) IT is the case of the plaintiffs that though the plaintiffs claim no right in the suit properties, the suit properties have been transferred by defendant No. 1 or Release Deed executed in favour of defendants 2 to 4 with the object of taking the properties out of the hands of defendant No. 1, so that in case of maintenance granted by the competent court, defendant No. 1 can express his inability to pay the amount. The defendants naturally dispute the same. ( 5 ) IN view of the aforesaid limited dispute, it was put to the parties on the last date of hearing that an arrangement could be arrived at whereby the maintenance determined for the plaintiffs by the competent court is secured so that the removal of the suit properties by defendant No. 1 from his hand would not prejudice the claim of the plaintiffs in any manner. Plaintiff No. 2 and defendants are present in Court and agree to the following arrangement: i. The plaintiffs will not challenge the Sale Deeds and Release Deeds. ii. The defendants jointly and severally undertake to this Court that the maintenance amount determined for the plaintiffs by the competent court shall be paid to the plaintiffs and in case defendant No. 1 fails to pay the amount, it is defendants 2 to 4 who will pay the amount and such amount will be a charge on the properties in the suit. iii. The up to date maintenance is being paid @ Rs. 8,000. 00 per month but there are arrears outstanding on account of enhancement of maintenance. iii. The up to date maintenance is being paid @ Rs. 8,000. 00 per month but there are arrears outstanding on account of enhancement of maintenance. Such enhancement of maintenance has been upheld by the High Court but learned counsel for defendant No. 1 states that defendant No. 1 is in the process of challenging the same by filing a Special Leave Petition before the Supreme Court. Learned counsel states that unless a stay is granted in respect of enhancement of maintenance or any part thereof, the entire arrears of maintenance will be remitted to the plaintiffs on or before 15. 10. 2007. iv. The aforesaid undertaking is without prejudice to the rights and contentions of the parties in other litigations. ( 6 ) THE parties and counsels have appended their signatures on the order sheet in acceptance to the aforesaid. ( 7 ) THE suit is decreed in the aforesaid terms leaving the parties to bear their own costs. ( 8 ) DECREE sheet be drawn up accordingly. IA No. 8523/2006 (u/o 6 R 16 CPC) ( 9 ) IN view of the settlement having been recorded, it is not necessary to pass any further orders on this application except that the allegations made by the parties against each other need not be read in view of the settlement. Application stands disposed of.