Madan Mohan Vs. Jawahar Lal (D) through LRS. Ors.
[Civil Appeal No(S). 10231-10232 of 2018 @ Special Leave Petition (C) Nos. 16631-16632 of 2014]
1. Leave granted.
2. The parties have been disputing on the share of their deceased mother. The dispute was on two Wills. The parties have been in several processes of mediation and finally, when the matter reached before this Court on 04.10.2018, on a request made by the Court, Mr. Jitender Mohan Sharma, learned senior counsel, graciously agreed to assist the Court.
3. We are happy to note that the contesting parties have entered into an amicable settlement. Accordingly, a Settlement Agreement dated 04.10.2018 has been filed before the Court, duly signed by both the parties and their respective counsel as well as the learned mediator.
4. These appeals are, hence, disposed of in terms of the Settlement Agreement dated 04.10.2018, which shall form part of this Judgment.
5. The learned counsel appearing for Respondent Nos.9 to 13 submits that they may also be permitted to pursue their claim for a share. We are afraid, the submission cannot be accepted. We find from the proceedings that Respondent Nos. 9 to 13 have never contested their claims, either in the trial court or in the High Court, apparently, as the learned counsel has rightly submitted that they were more interested in maintaining the spirit of unity, peace and harmony in the family.
6. We record our sincere appreciation for the strenuous efforts taken by Mr. Jitender Mohan Sharma, learned senior counsel, in settling the disputes between the parties.
7. Let the decree be drawn up accordingly.
…………………..J. [KURIAN JOSEPH]
…………………..J. [A.M. KHANWILKAR]
OCTOBER 05, 2018.