High Court of DelhiCS(OS)/106/2026

Meera Sethi v. Major Mangal Sen Sethi S Trust

2026-04-10Hon'Ble Mr. Justice Subramonium Prasad8 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 106/2026 MEERA SETHI .....Plaintiff Through:

Mr. Amit Gupta Adv, Mr. Altamish Adv.

versus MAJOR MANGAL SEN SETHI S TRUST .....Defendant Through:

Mr. Pritesh Kumar Advocate Mr. Vikrant Nilesh Goyal, Mr. Yash Basoya, Mr. Inderpreet Singh, Mr.

Kunal Dixit

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 10.04.2026 I.A. 9930/2026 1.

The present Application under Order XXIII Rule 3 read with Section 151 of The Code of Civil Procedure, 1908 has been filed by the Plaintiff for recording the settlement arrived between the parties in terms of the Settlement Agreement dated 19.02.2026.

The present Suit has been filed with the following prayers: "a) Pass a Decree of Declaration in favour of the Plaintiff and against the Defendant Trust declaring that the Plaintiff is the sole and absolute owner of half (50%) share in the Suit Property i.e., Plot of Land bearing No. 5, in Block A-1, measuring 1491-7/10 Sq. Yds., situated at Rajouri Garden, New Delhi, along with the ownership rights of the built-up superstructure constructed on the said plot of land, situated at Rajouri Garden, New Delhi; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

b) Pass a Decree of Mandatory Injunction in favour of the Plaintiff and against the Trustee of Defendant directing him to cooperate with the Plaintiff in completing the sale /transfer of the Suit Property to the Intending Purchaser in the terms of the Memorandum of Settlement dated 08.09.2025;

c) Pass a Decree of Permanent Injunction in favour of the Plaintiff and against the Trustee of Defendant permanently restraining the Trustee of Defendant from committing breach of the terms of the settlement as contained in the Memorandum of Settlement dated 08.09.2025 ;

d) Pass an Order awarding costs of this suit to the Plaintiff, including but not limited to court fees, legal fees, and any other related expenses; and e) Any such other or further orders, reliefs or directions as this Hon'ble Court may deem fit and proper in favour of the Plaintiff."

During the pendency of the Suit, the parties were referred to the Delhi High Court Mediation and Conciliation Centre to explore the possibility of a settlement wherein the parties have settled their disputes by entering into the Settlement Agreement dated 19.02.2026. The Settlement Agreement has been filed along with the present Application and the same 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.

A perusal of the Settlement Agreement shows that the parties have agreed to sell and transfer the Suit Property, being, Plot of Land bearing No. 5, in Block A-1, measuring 1491-7/10, Sq. Yds., situated at Rajouri Garden, New Delhi. The parties have also agreed that the sale proceeds would be divided equally between the Plaintiff and the Defendant. 5.

The Settlement Agreement has been signed by the Plaintiff and the Defendant.

The instant Application has also been signed by the Plaintiff and the Defendant and is accompanied by their respective affidavits. 7.

The Plaintiff and the Defendant have joined the proceedings through video conferencing today and state that they have read and understood the contents of the Settlement Agreement. It is also stated that the Settlement Agreement has been entered into without any coercion or under influence. 8.

This Court has also perused the Settlement Agreement and is of the opinion that the same is lawful in nature and is capable of being accepted under Order XXIII Rule 3 of the CPC.

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

The Settlement Agreement is taken on record.

10.

The Parties are bound by the terms contained in the Settlement Agreement.

11.

It is made clear that any violation of the Settlement Agreement would be construed as a violation of an undertaking given to the Court. 12.

The Suit is disposed of under Order XXIII Rule 3 of the CPC in terms of the Settlement Agreement dated 23.02.2026, along with pending application(s), if any.

13.

Let a decree sheet be drawn up according to the Settlement Agreement dated 23.02.2026.

14.

Since the parties have entered into a settlement agreement, let the entire court fee be refunded to the Plaintiff in terms of Section 16 of the Court Fees Act, 1870.

15.

The Application is disposed of in the aforesaid terms. 16.

The date already fixed, i.e. 27.04.2026, stands cancelled. SUBRAMONIUM PRASAD, J APRIL 10, 2026 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.