High Court of DelhiCS(OS)/262/2022

Mukesh Jain v. Rajesh Kumar Jain

2026-03-18Hon'Ble Mr. Justice Subramonium Prasad13 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 262/2022 & I.A. 25163/2023, I.A. 7047/2026 MUKESH JAIN .....Plaintiff Through:

Mr. Hirein Sharma and Mr. Saurabh Goel, Advs versus RAJESH KUMAR JAIN .....Defendant Through:

Mr.

Vaibhav Sethi, Ms.

Priya Pathania, Mr. Gaganpreet Singh, Mr.

Arihant Jain, Mr. Samaksh Wadhwa, Advs

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 18.03.2026 1.

I.A. 7047/2026 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. 2.

The instant Suit has been filed by the Plaintiff seeking specific performance of agreement to sell dated 08.09.2021 & Supplementary agreement to sell dated 28.09.2021 qua property bearing No. 16, Block-A, Wazirpur Industrial Area, Delhi-110052.

Vide Order dated 21.08.2025, upon a joint request made by the parties, the parties were referred to the Delhi High Court Mediation and Conciliation Centre.

Vide Settlement Agreement dated 23.01.2026 the parties have settled The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

their disputes amicably. A copy of the Settlement Agreement has been filed along with the 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.

It is stated that by way of the Settlement Agreement dated 23.01.2026, the present Suit as well as CS(OS) 198/2022, filed by the sister of the Defendant herein, have been settled. It is stated that a Decree has already been passed in CS(OS) 198/2022 on 10.02.2026 in terms of the abovementioned Settlement Agreement.

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. 8.

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.

Pending applications, if any, also stand disposed of. 10.

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

11.

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 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. 12.

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

13.

The application is disposed of in the aforesaid terms. 14.

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.

SUBRAMONIUM PRASAD, J MARCH 18, 2026 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.