Smt. Vinita Anand v. Smt. Shanti Devi Anand & Others

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13.05.2016 I.A. Nos.6020/2016 (for modification of decree dated 5.11.2012) & 6021/2016 (for filing annexures) in CS(OS) No.849/2007 I.A. No.6038/2016 (for modification of decree dated 11.10.2012) in CS(OS) No.1368/2010

¶1There does not arise an issue of modification of decrees which have become final simply because after passing of the decrees parties agree to change their rights as already agreed in terms of the decrees passed. If CS(OS) Nos.849/07 & 1368/2010 rights are sought to be changed by mutual agreement, then, there is a fresh cause of action and parties therefore will have to file independent proceedings and there cannot be modification of decrees which have become final, may be as per an agreement between the parties.

¶2Applications are accordingly dismissed. VALMIKI J. MEHTA, J MAY 13, 2016 Ne CS(OS) Nos.849/07 & 1368/2010

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 849/2007 SMT. VINITA ANAND ..... Plaintiff Through: Ms. Anne Mathew, Advocate. versus SMT. SHANTI DEVI ANAND & OTHERS ..... Defendants Through: Mr. Asheesh Jain, Advocate for defendant Nos.8 and 9. + CS(OS) 1368/2010 VINITA ANAND ..... Plaintiff Through: Ms. Anne Mathew, Advocate. versus ANSHUMAN MALIK & ORS ..... Defendants Through: Mr. Asheesh Jain, Advocate for defendant Nos.1 and 2. CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA