High Court of DelhiCS(OS)/631/2023

Smt. Ritu Aggarwal & ORS. v. Shri Naresh Kumar Jain & ANR.

2026-02-02Hon'Ble Mr. Justice Subramonium Prasad7 pages

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 631/2023 SMT. RITU AGGARWAL & ORS.

.....Plaintiffs Through:

Mr. N. S. Dalal, Ms. Nidhi Dalal, Mr.

Alok Kumar, Ms. Rachana Dalal, Mr.Karan Mann, Advocates versus SHRI NARESH KUMAR JAIN & ANR.

.....Defendants Through:

Ms. Khushi Sharma, Mr. Kavindra Solanki and Mr.

Nitin Kumar, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 02.02.2026 I.A. 2693/2026 1.

This Application has been filed by the Plaintiff under Order XXIII Rule 3 of CPC, seeking withdrawal of the present Suit in terms of the settlement arrived at between the parties vide Settlement Agreement dated 21.01.2026.

The instant Suit is one for a decree of specific performance of the Agreement to Sell dated 17.06.2017 entered into between the Plaintiffs and the Defendants and for a direction to the Defendants to execute the Sale Deed in respect of the Suit Property which an agricultural land measuring 12 bighas in Khasra No. 488 (4-16), 489 (4-16) and 491 (2- 8). 3.

It is stated that during the pendency of the present Suit, the Parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have entered into the Settlement Agreement dated 21.01.2026. For the sake of convenience, the Settlement Agreement is reproduced in its entirety 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.

This Court has perused the Settlement Agreement and is of the opinion that the Settlement Agreement is legal and lawful and is capable of being implemented.

The present Application has been jointly filed by the Plaintiffs and the Defendants. The Application has been signed by all the parties. The Parties shall be bound by the terms of the Settlement Agreement dated 21.01.2026. 6.

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 21.01.2026 entered into between the Parties. Pending applications, if any, also stand disposed of. 7.

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.

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 Court Fees. 9.

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.

It is made clear that any violation of the terms of the Settlement Agreement dated 21.01.2026 by any of the parties will attract the provisions of Contempt of Courts Act, 1971.

SUBRAMONIUM PRASAD, J FEBRUARY 02, 2026 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.