High Court of DelhiCS(OS)/458/2019

Manjari Agrawal & ORS. v. Brajendra Kumar Agrawal & ORS.

2026-02-03Hon'Ble Mr. Justice Subramonium Prasad29 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 458/2019 & CC 35/2019, I.A. 12284/2019, I.A. 6790/2020, I.A. 6792/2020, I.A. 13486/2021, I.A. 17386/2022, I.A. 17387/2022, I.A. 20037/2022, I.A. 11722/2023, I.A. 11723/2023, I.A. 30364/2024, I.A. 7412/2025, I.A. 2969/2026, I.A. 2976/2026 MANJARI AGRAWAL & ORS.

.....Plaintiffs Through:

Mr. Bharat Gupta, Mr. Vishesh Chauhan and Mr. Ishan Srivastava, Advs.

versus BRAJENDRA KUMAR AGRAWAL & ORS.

.....Defendants Through:

Mr. Shailender Dahiya Adv for Defendants No.1, 2 & 3.

Mr. Tarang Gupta, Advocate along with Defendant No.4.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 03.02.2026 I.A. 2969/2026 & I.A. 2676/2026 1.

I.A. 2969/2026 has been jointly filed by the Parties under Order XXIII Rule 3 of CPC, for disposing of the Suit in terms of the settlement arrived at between the parties vide a Settlement Agreement dated 05.01.2026.

I.A. 2676/2026 has been filed by the Plaintiffs under Section 16 of the Court Fees Act, 1870 seeking refund of court fees. 3.

The instant Suit is one for injunction, partition, rendition of accounts and mesne profits.

During the pendency of the present Suit, the Parties were referred to Delhi High Court Mediation and Conciliation Centre and the Parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

entered into the Settlement Agreement dated 05.01.2026, 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.

A perusal of the Settlement Agreement indicates that the Plaintiffs and Defendants have jointly agreed that Defendants No.1 to 3, jointly and severally, shall pay the Settlement Amount of Rs.2,35,00,000/- (Rupees Two Crores Thirty-Five Lacs Only) to Plaintiffs jointly and an amount of Rs.2,35,00,000/- (Rupees Two Crores Thirty-Five Lacs Only) to Defendant No.4. The manner of payment has also been captured in the Settlement Agreement.

Affidavits have also been filed by all the Parties stating that they have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

entered into the Settlement Agreement and have understood the contents of the Settlement Agreement. The Settlement Agreement also contains signatures of all the Parties/representatives. This Court has gone through the Settlement Agreement dated 05.01.2026, terms of which are legal and lawful.

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 and the Settlement Agreement dated 05.01.2026 entered into between the Parties. Pending applications, if any, also stand disposed of. 8.

Let the Decree Sheet be prepared accordingly. 9.

The Parties shall be bound by the terms of the Settlement Agreement dated 05.01.2026.

10.

Since the Parties have entered into the settlement, the Plaintiffs are entitled to refund of Court Fees. Let the Court Fees be refunded. 11.

Failure of Defendant Nos.1 to 3 to make payments will not drive the Plaintiffs to avail the remedy under Order XXI of CPC but shall be seen as a violation of the undertaking given to the Court. 12.

In terms of Prayer (d) of I.A. 2969/2026, the share of amount of Plaintiff No.3 be paid by Defendant Nos.1 to 3 to Plaintiff No.1, who is the mother of Plantiff No.3.

13.

The applications are disposed of in the aforesaid terms. SUBRAMONIUM PRASAD, J FEBRUARY 03, 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.