High Court of DelhiCS(OS)/302/2022

Capt Avinash Chander Malhotra v. Naresh Malhotra & ORS.

2026-05-13Hon'Ble Mr. Justice Subramonium Prasad9 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 302/2022 CAPT AVINASH CHANDER MALHOTRA .....Plaintiff Through:

Ms Saiba M Rajpal and Mr Vinayak Uniyal, Advs.

versus NARESH MALHOTRA & ORS.

.....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 13.05.2026 1.

The present Suit has been filed with the following prayers: "a. pass a preliminary decree in favour ofthe Plaintiffand against the Defendants, thereby partitioning the share of the Plaintiff and Defendants with respect to property situated at E-49, Greater Kailash, Part-I, New Delhi-l10048 forming part of the estate of Sh. Hari Chand Malhotra; and b. Appoint a commissioner to suggest a mode of partition of the property bearing No. E-49, Greater Kailash, Part-I, New Delhi-II0048 admeasuring 300 sq. yards comprising of Ground Floor, First Floor, a Barsati Floor and two rooms in mezzanine floor forming part of the estate of Sh. Hari Chand Malhotra; and c. Pass a final decree in terms of prayer clause (a) and (b) above in favour of the Plaintiff and against the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Defendants; and d. pass a decree of the permanent injunction in favour of the Plaintiff and against the Defendants thereby restraining the Defendants, their agents, assigns, servants, employees, representatives etc. from selling, alienating, transferring or parting with or creating any third-party interest in the said property bearing E-49, Greater Kailash, Part-I, New Delhi110048 admeasuring 300 sq. yards comprising of Ground Floor, First Floor, a Barsati Floor and two rooms in mezzanine floor; and e. pass a decree to the tune of Rs. 12,79,440/- (Rupees Twelve Lacs Seventy Nine Thousand Four Hundred and Forty only) in favour of the Plaintiff and against the Defendant No.1 being the mesne profits / damages arising out of the rent received by the Defendant No.

1 of the Ground Floor of property situated at E-49, Greater Kailash, Part-I, New Delhi-110048 @ Rs.1,00,000/- (Rupees One Lac per month) being the current market rent ofthe said property for the period w.e.f. 20th April, 2019 till the date of filing of the present suit; and f. award the costs of the present suit to the Plaintiff; and g. in that behalf, pass such other orders and directions as may be deemed fit, proper and necessary."

During the pendency of the Suit, the parties were referred to the Delhi High Court Mediation and Conciliation Centre wherein the parties have settled their disputes by entering into the Settlement Agreement dated 21.04.2026. The Settlement Agreement 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.

The Settlement Agreement has been signed by the Plaintiff and the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Defendant.

The Plaintiff and the Defendant are present in Court today and have been identified by their respective Counsels. It is stated by the Plaintiff and the Defendant 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. 5.

This Court has also perused the Settlement Agreement dated 21.04.2026 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. 6.

The Settlement Agreement dated 21.04.2026 is taken on record. 7.

The Parties are bound by the terms contained in the Settlement Agreement dated 21.04.2026.

It is made clear that any violation of the Settlement Agreement dated 21.04.2026 would be construed as a violation of an undertaking given to the Court.

The Suit is disposed of as withdrawn in terms of the Settlement Agreement dated 21.04.2026, along with pending application(s), if any. 10.

Let a decree sheet be drawn up according to the Settlement Agreement dated 21.04.2026.

11.

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.

SUBRAMONIUM PRASAD, J MAY 13, 2026 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.