High Court of DelhiCS(OS)/198/2022

Smt. Sarvesh Jain v. Sh Dhirender Jain & ORS.

2026-02-10Hon'Ble Mr. Justice Subramonium Prasad15 pages

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 198/2022 SMT. SARVESH JAIN .....Plaintiff Through:

Mr. Sudhir Kumar Sharma, Mr.

Utkarsh Kumar Singh, Ms. Ruchi Mishra, Advs. alongwith Plaintiff in person versus SH DHIRENDER JAIN & ORS.

.....Defendants Through:

Mr. Amit Jain, Advocate for D-1 Mr.

Vaibhav Sethi Advocate, Ms.Priya Pathania Advocate, Mr.Arihant Jain Advocate for D-2

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 10.02.2026 I.A. 3605/2026 1.

The present joint application has been filed by the Parties under Order XXIII Rule 3 of the CPC for disposing of the Suit in terms of the settlement arrived at between the parties vide a Settlement Agreement dated 23.01.2026.

The instant Suit has been filed by the Plaintiff seeking seeking partition, declaration, perpetual and mandatory injunction qua the property bearing No. 16, Block- A, Wazirpur Industrial Area, Delhi 110052, and House No 15, Samrat Enclave, Delhi-110034. (hereinafter referred to as "the Properties in question") 3.

Vide Order dated 08.07.2025, upon a joint request made by the parties, the learned Joint Registrar referred the parties to the Delhi High The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court Mediation and Conciliation Centre.

During the pendency of the mediation proceedings, the Defendant No.5 and Defendants No.6.1, 6.2 & 6.3, by way of two relinquishment deeds dated 20.11.2025 relinquished their respective shares in the Properties in question. Thereafter, vide Settlement Agreement dated 23.01.2026 the parties have settled their disputes amicably. A copy of the same has been filed along with the application which 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.

Under the Settlement Agreement, the Defendant No.2 has agreed to pay Rs.65 lakhs to the Plaintiff and the Plaintiff has agreed that on receipt of the said sum, she will relinquish her share in the Properties in question. It is stated that out of the said sum of Rs.65 lakhs, Defendant No.2 has paid Rs.15 Lakhs to the Plaintiff through RTGS on 09.06.2025. It is specified The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that the balance sum of Rs.50 lakhs is to be paid on or before 15.06.2026, for which purpose a post-dated cheque has already been handed over to the Plaintiff, which has to be encashed on or before 15.06.2026. 6.

The General Power of Attorney-holder of the Plaintiff, Defendants No.1 to 4 are present in Court today. Further, as already noted above, the Defendants No. 5 and 6 have relinquished their shares in the Properties in question.

The parties in unison state that the terms of the Settlement Agreement dated 23.01.2026 have been read over and duly explained to them. The parties have also affixed their signatures on the Settlement Agreement dated 23.01.2026.

Further, this Court has gone through the Settlement Agreement dated 23.01.2026, terms of which are legal, lawful and are capable of being accepted by the Court.

It is also noted that the present Application has been jointly filed by the Plaintiff and the Defendants, signed by them and as such, the Parties shall be bound by the terms of the Settlement Agreement dated 23.01.2026. 10.

In view of the fact that settlement has been arrived at between the Parties, the Suit is disposed of in terms of Order XXIII Rule 3 of the CPC as well the Settlement Agreement dated 23.01.2026 entered into between the Parties.

11.

Pending applications, if any, also stand disposed of. 12.

Let the Decree Sheet be prepared accordingly. 13.

In view of the fact that the Parties have entered into a settlement and in view of the Judgment passed by the Division Bench of this Court in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Nutan Batra v. Buniyaad Associates, 2018 SCC OnLine Del 12916, this Court is inclined to direct the refund of the entire court fees to the Plaintiff. 14.

Let the court fees be refunded in accordance with Section 16 of the Court Fees Act, 1870.

15.

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

It is made clear that any violation of the terms of the Settlement Agreement dated 23.01.2026 by any of the parties will attract the provisions of Contempt of Courts Act, 1971.

17.

The next date of hearing before this Court as well as before the Joint Registrar stands cancelled.

SUBRAMONIUM PRASAD, J FEBRUARY 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.