High Court of DelhiCS(OS)/58/2023

Satyan Kapoor v. Usha Rani Jain & ORS.

2026-01-29Hon'Ble Mr. Justice Subramonium Prasad9 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 58/2023, I.A. 1589/2023, I.A. 6148/2024 SATYAN KAPOOR .....Plaintiff Through:

Mr. Ashok Chapparia and Mr. Shanto Mukerjee, Advocates versus USHA RANI JAIN & ORS.

.....Defendants Through:

Mr. Joney, Advocate for Respondent No.1 Ms. Anamika Agrawal, Advocate for Respondent No. 2 Mr. Pulkit Sharma and Mr. Rakesh Mahajan, Advocate for Respondent No. 3

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 29.01.2026 1.

The instant suit has been filed with the following prayers:- "(i) Pass a decree of specific performance of the Agreement to Sell dated 03.11.2022 entered into between the Plaintiff and Defendants thereby directing the Defendants, to receive the balance sale consideration and execute the Sale Deed in respect of the Suit Property being Property No.M-15 measuring 350 sq. yds. situated at Lajpat Nagar-III, New Delhi110024, in favour of the Plaintiff and in case the Defendant Nos. 1 and 2 fail to execute the Sale Deed in respect of the Suit Property in favour of the Plaintiff then appoint an Officer of the Court to execute the Sale Deed in respect of the Suit Property being Property No.M-15 measuring 350 sq. yds. situated at Lajpat Nagar-III, New Delhi-110024, in favour of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Plaintiff, and put the Plaintiff in possession of the Suit Property;

(ii) Pass a decree of permanent injunction in favour of the Plaintiff and against the Defendants thereby restraining the Defendants, their legal heirs, assigns, nominees, successors, attorneys and whosoever on their behalf from transferring, alienating, disposing off, in any manner creating third party interest or selling the Suit Property being Property No.M-15 measuring 350 sq. yds. situated at Lajpat Nagar- III, New Delhi-110024, to any other person(s), except the Plaintiff;

(iii) Award costs of the present Suit in favour of the Plaintiff and against the Defendants;

(iv) Pass any such other or further orders as this Hon'ble Court may deem fit and proper on the facts and in the circumstances of the case, in favour of the Plaintiff and against the Defendants."

During the pendency of the Suit, the parties were referred to the Delhi High Court Mediation & Conciliation Centre to explore the possibility of settlement, where the parties have entered into a Settlement Agreement dated 16.01.2026. The Settlement Agreement dated 16.01.2026, in its entirety, reads as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

It is stated that in terms of Paragraph 2 of the Settlement Agreement dated 16.01.2026, a Demand Draft bearing No. 007673 drawn on HDFC Bank, Jangpura Extension, New Delhi, for the sum of Rs.85 lakhs has been handed over by the learned Counsel for Defendant No.2 to the learned Counsel for the Plaintiff in Court today.

It is stated that the other necessary steps regarding quashing of FIRs etc., have been taken, for which a petition under Section 528 of the BNSS, 2023 for quashing of the FIR has already been filed. 5.

The Plaintiff, Authorized Representative of Defendant No.1, and Defendant No.2 are present in Court today. Their statements are taken on record.

This Court has also perused the terms of the Settlement Agreement dated 16.01.2026, which are lawful in nature and accordingly, the Suit can The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

be disposed of in terms of the Settlement Agreement dated 16.01.2026, under Order XXIII Rule 3 of the CPC.

The parties are bound by the Settlement Agreement dated 16.01.2026. 8.

In view of the fact that the settlement has been arrived at between the parties, let the entire court fee be refunded to the Plaintiff in terms of Section 16 of the Court Fees Act, 1870.

Let the decree sheet be drawn up according to the Settlement Agreement dated 16.01.2026.

10.

The Suit is disposed of, along with pending application(s), if any. SUBRAMONIUM PRASAD, J JANUARY 29, 2026 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.