(J.K. Maheshwari and Rajesh Bindal, JJ.)
Shivangi Shanker and Another _____________________ Appellant(s);
v.
Reshma Estates Pvt. Ltd. __________________________ Respondent.
Civil Appeal No. of 2024 (Arising out of S.L.P.(C) No. 24121 of 2023), decided on September 17, 2024
The Order of the court was delivered by
Order
1. Leave granted.
2. The present appeal has been filed by the appellants against the judgment and decree1 of the High Court2. A suit3 for declaration was filed by the appellants seeking to enforce an Agreement dated 25.09.1986 which was allowed by the City Civil Court, Greater Bombay vide judgment and decree dated 07.12.2018. Aggrieved against the same the respondent preferred first appeal before the High Court, which was partly allowed and judgment and decree of the Trial Court was modified to some extent.
3. When the matter was listed before this Court on 06.11.2023, on consent by both the parties for reference of disputes for settlement through mediation, a request was made to Mr. Justice S.J. Vazifdar, Former Chief Justice of the High Court of Punjab and Haryana, to mediate between the parties and submit a report. The matter was directed to be listed after two months.
4. A report4 of the learned Mediator has been received, in terms of which the disputes between the parties stand settled in terms of Articles of Agreement5 signed by both the parties.
5. The report sent by the learned Mediator is taken on record.
6. In terms of Clause 16 of the report of the learned Mediator, the parties have agreed that in terms of Articles of Agreement arrived at between the parties, a request shall be made to this Court for passing final order in terms thereof.
7. As the disputes between the parties have been settled amicably in the process of mediation, on account of efforts made Mr. Justice S.J. Vazifdar, we dispose of the present appeal in terms of the Articles of Agreement executed by the parties on 22.08.2024. The impugned judgment and decree by the High Court shall stand modified in terms of the Articles of Agreement. The parties shall be bound by the conditions laid down therein. Final decree be drawn in terms of settlement arrived between the parties.
8. Accordingly, the Civil Appeal is disposed of.
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1 Dated 13.09.2024
2 High Court of Judicature at Bombay
3 Suit No. 7566 of 2003 (Original Suit No. 4091 of 2003)
4 Dated 22.08.2024
5 Dated 22.08.2024
