High Court of DelhiCS(OS)/338/2023

Shakya Mitra v. Shobori Ganguli & ANR.

2026-04-10Hon'Ble Mr. Justice Subramonium Prasad6 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHAKYA MITRA .....Plaintiff Through:

Mr.

Aniruddha Choudhury, Ms.

Tushita Ghosh, Mr. Rohit, Mr. Pranav Deshmukh, Advocates versus SHOBORI GANGULI & ANR.

.....Defendants Through:

Mr. Rana S. Biswas, Mr. Kartik Chettiar and Mr. Yash Tripathi, Advs for D-1 Mr. Abhey Narula (Main counsel) with Mr. Rachit Kant (Proxy counsel) for D-2.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 10.04.2026 I.A. 8057/2026 1.

The present joint Application has been filed on behalf of the Plaintiff and the Defendants under Order XXIII Rule 3 of the CPC, seeking disposal of the present Suit in terms of the settlement arrived at between the parties vide a Settlement Agreement dated 07.01.2026. 2.

The present Suit is one for partition of the estates of Late Sh. Chandan Sourav Mitra, who passed away on 01.09.2021. The Parties to the Suit are legal heirs of Late Sh. Chandan Sourav Mitra. 3.

It is stated that since the dispute was between the members of the same family, the Parties have entered into a settlement vide the Settlement Agreement dated 07.01.2026 which is being reproduced 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.

This Court has gone through the Settlement Agreement dated 07.01.2026, the terms of which are legal and lawful and a decree can be passed in terms of the said Settlement Agreement. The Settlement Agreement has been signed by the Parties.

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

The present application under Order XXIII Rule 3 of the CPC has been jointly filed by the Parties and all the Parties have filed the affidavits stating that they have read and understood the contents of the Application and the Settlement Agreement. The ingredients of Order XXIII Rule 3 of the CPC stands satisfied.

In view of the fact that a settlement has been arrived at between the Parties, the Suit is disposed of in terms of the Settlement Agreement dated 07.01.2026 entered into between the Parties. Pending applications, if any, also stand disposed of.

Let the decree sheet be drawn up accordingly. 8.

The Parties shall be bound by the terms of the Settlement Agreement dated 07.01.2026. Violation of any of the terms of the Settlement Agreement dated 07.01.2026 shall amount to a breach of the undertaking given to the Court.

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, and the Notification dated 06.03.2026 issued by Department of Law, Justice and Legislative Affairs, GNCTD, this Court is inclined to direct the refund of the entire Court Fees. Let the Court Fee be refunded in accordance with Section 16 of the Court Fees Act, 1870.

10.

The application is disposed of in the aforesaid terms. 11.

The next date of hearing i.e., 30.04.2026, before the learned Joint Registrar stands cancelled.

SUBRAMONIUM PRASAD, J APRIL 10, 2026 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.