High Court of DelhiCS(OS)/278/2023

Rahul Agarwal v. Gaurav Aggarwal

2026-03-09Hon'Ble Mr. Justice Subramonium Prasad11 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 278/2023 RAHUL AGARWAL .....Plaintiff Through:

Mr Mayank Aggarwal & Mr. Pradeep Kumar Aggarwal, Advocates.

versus GAURAV AGGARWAL .....Defendant Through:

Mr. Ajay Garg, Mr. Uday Garg, Ms.

Anusha Garg, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 09.03.2026 I.A. 5726/2026 1.

The present Application under Order XXIII Rule 3 read with Section 151 of the CPC has been jointly filed by the Plaintiff and the Defendant for recording the settlement arrived between the parties in terms of the Settlement Agreement dated 23.02.2026.

The present Suit is one for Partition and Possession of the Suit Property, being House No. D-9, Satyawati Colony, Ashok Vihar, Delhi110052. 3.

During the pendency of the Suit, the Plaintiff and the Defendant, who are brothers, have decided to settle the disputes vide Settlement Agreement dated 23.02.2026. 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.

Paragraph No.3 of the Settlement Agreement indicates the ratio of the ownership rights of the Suit Properties. It is stated in the Settlement Agreement that the parties will endeavour to sell the Suit Property in the open market and apportion the proceeds of the sale in terms of the respective ratio of the ownership rights.

The instant Application has also been signed by the Plaintiff and the Defendant and is accompanied by their respective affidavits. 6.

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

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 Settlement Agreement is taken on record.

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

10.

It is made clear that any violation of the Settlement Agreement would be construed as a violation of an undertaking given to the Court. 11.

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.

12.

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

13.

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

14.

The Application is disposed of in the aforesaid terms. 15.

The date already fixed, i.e. 01.04.2026, stands cancelled. SUBRAMONIUM PRASAD, J MARCH 09, 2026 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.