Page 1

1

                 NON-REPORTABLE

IN THE  SUPREME COURT OF INDIA                      CIVIL  APPELLATE  JURISDICTION                                   CIVIL APPEAL NO. 2982  OF 2016        (Arising out of SLP (Civil) No.10158 of 2010)

Surjeet Singh (D) by Lrs. ..    Appellant(s)

                    Versus

Sucha Singh & Ors. ..    Respondent(s)  

                        J U D G M E N T KURIAN, J.   

Leave granted.

The case has a long history of disputes between the  

parties.  The litigation started with a suit instituted  

in 1976.

Ultimately when the matter reached this Court,  

on 7th July, 2015 the Court passed the following order:

“ Heard.

 Learned counsel for the petitioners undertakes to  deposit the costs awarded by this Court in terms of order  dated 1st April, 2015 within a period of two weeks from  today.   He  further  states  that  the  petitioners  are  agreeable  to  explore  the  possibility  of  an  amicable  settlement with the help of Mediation Centre in the High  Court  of  Punjab  and  Haryana  at  Chandigarh.   Learned  counsel for the respondents does not oppose that prayer.

In the circumstances, the parties are directed  to appear before the Mediation Centre in the High Court  of Punjab and Haryana at Chandigarh on Monday, the 24th  

August, 2015.  The Mediation Centre shall submit a report  to this Court as to the progress made expeditiously but  not later than three months from the date the parties

Page 2

2

appear before it.”

Pursuant to the Order, it is heartening to note  

that  the  parties  have  reached  an  amicable  settlement  

through  the  intervention  of  the  Mediation  and  

Conciliation Centre attached to the Punjab and Haryana  

High  Court.   The  terms  of  the  settlement  have  been  

reduced  to writing  and  they  have  filed  an  application  

being I.A.No.15 of 2016. The terms of Settlement are as  

under:

1. The dispute between the parties is regarding the share  of Smt. Parsin Kaur w/o Dasondhi grandmother of both the  parties Village Charheri, Tehsil Kharar, District Mohali. 2. The matter was referred to Mediation and Conciliation  Centre vide order dated 07.07.2015 passed by the Hon'ble  Supreme Court. 3. The parties were explained the process of mediation and  both  the  parties  consented  that  Ms.  Monika  Jalota,  Advocate  would  act  as  their  Mediator  in  the  matter  of  Mediation proceedings. 4.  Several  joint  as  well  separate  sessions  were  held  during  the  process  of  Mediation  from  24.08.2015  to  20.11.2015. The parties have with the assistance of the  Mediator  voluntarily  arrived  at  an  amicable  solution  resolving the above mentioned disputes and differences. 5. Both the parties agreed that the contesting party to  the present dispute are only Kulwinder Singh and Bhupinder  Singh s/o Surjit Singh and Such Singh s/o Bachan Singh.  The performa respondents are not necessary to the present  dispute as the dispute of the share in the land is between  Sucha Singh, Kulwinder Singh and Bhupinder Singh only. 6. Both the parties hereto confirm and declare that they  have voluntarily and of their own free will arrived at this  Settlement/Agreement in the presence of the Mediator. 7.  The  terms  of  the  settlement/agreement  between  the  parties are as under:-

Page 3

3

a) Both the parties agree that Sucha Singh s/o Bachan Singh  shall  transfer  the  following  properties  in  the  name  of  Bhupinder Singh and Bhupinder Singh shall pay the amount of  Rs.4,20,000/-  to  Sucha  Singh  in  lieu  of  all  these  properties. The detail of the properties is as under: i)  The old house in the name of Parsin Kaur situated in the  Abadi of the Village. ii) The Barra situated in Khasra No.277. iii) The pucca house situated in Khasra No.258 which was in  the name of Sh. Bachan Singh. iv) 1 Purana Kotha adjoining Sevak Singh's house. b) Both the parties agreed that the share of Parsin Kaur  which  in  3  Biga  8  Biswas  be  divided  between  both  the  parties into two equal half shares. 01 Bigh 14 Biswas will  be the share of first party and 01 Bigha 14 Biswas will be  the share of second party. c) Both the parties agreed that the entire land of the  parties is joint till date and as such the share of the  parties can be determined and partitioned by approaching  the revenue authorities at the earliest. d) Both the parties agreed that the request would be made  to the Hon'ble Court to dispose of the present SLP in terms  of this agreement. 8. By signing this Agreement the parties hereto state that  they have no further claims or demands against each other  with respect to the present dispute and all the disputes  and differences in this regard have been amicably settled  by the parties hereto through the process of mediation and  shall not  institute any other case against each other with  reference to the present dispute. 9. That the parties undertake before the Hon'ble court to  abide by the terms and conditions set out in the agreement  and not to dispute the same hereinafter in future. 10. That the parties to this agreement hereby state that  they have read the agreement, that they have understood the  contents  thereof  and  their  execution  of  agreement  is  voluntary.  Each  party  has  relied  upon  or  has  had  the  opportunity to seek legal advice of their counsel. 11.  The  execution  of  this  agreement,  each  signatory  acknowledges receipt of fully executed duplicate/original of  this agreement.

Page 4

4

    Therefore, this appeal is disposed of in terms of  

the above settlement between the parties on 20th November,  

2015 and duly signed by the Mediator.  

The appeal is disposed of accordingly.   

                                  ....................J.                  [KURIAN JOSEPH ]                                 

                                         ...................J.  

            [ROHINTON FALI NARIMAN]  NEW DELHI, MARCH 15, 2016.