05 October 2018
Supreme Court
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MADAN MOHAN Vs JAWAHAR LAL (DEAD) THROUGH LRS.

Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE A.M. KHANWILKAR
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-010231-010232 / 2018
Diary number: 14334 / 2014
Advocates: BINU TAMTA Vs


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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 10231-10232 OF 2018 [@ SPECIAL LEAVE PETITION (C) Nos. 16631-16632 of 2014]

MADAN MOHAN                                   Petitioner(s)

                               VERSUS

JAWAHAR LAL (DEAD) THROUGH LRS. & ORS.        Respondent(s)

J U D G M E N T

KURIAN, J.

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.

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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 ]  

New Delhi; OCTOBER 05, 2018.