High Court of DelhiCS(OS)/813/2022

Nidhi Beniwal & ANR. v. Sunita Shokeen & ORS.

2026-05-14Hon'Ble Mr. Justice Subramonium Prasad21 pages

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 813/2022 NIDHI BENIWAL & ANR.

.....Plaintiffs Through:

Appearance not given versus SUNITA SHOKEEN & ORS.

.....Defendants Through:

Mr. Parmesh Bali, Advocate

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 14.05.2026 I.A. 13491/2026 1.

The present Application under Order XXIII Rule 3 read with Section 151 of the CPC has been jointly filed by the Plaintiffs and Defendant No.1 for disposing of the present Suit in terms of the Settlement Agreement dated 04.05.2026, entered into between the parties before the Delhi High Court Mediation and Conciliation Centre.

The instant Suit is one for declaration, partition, rendition of accounts and mesne profits. During the pendency of the proceedings, the parties were referred to the Delhi High Court Mediation and Conciliation Centre to explore the possibility of an amicable settlement. It is stated that vide Settlement Agreement dated 04.05.2026, the parties have settled the disputes. A copy of the Settlement Agreement has been annexed with the present Application. 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.

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 same is lawful in nature and is capable of being accepted under Order XXIII Rule 3 of the CPC.

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 is taken on record.

The instant Application has been signed by the Plaintiff No.1 and the Defendant No.1 and is accompanied by their respective affidavits. 6.

The Plaintiff and the Defendant No.1 have joined the proceedings today and state 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. 7.

The Parties are bound by the terms contained in the Settlement Agreement. The parties are directed to abide by the Settlement Agreement and not raise any further disputes in implementing the Settlement Agreement.

It is made clear that any violation of the Settlement Agreement would be construed as a violation of an undertaking given to the Court. 9.

The present Suit is disposed of under Order XXIII Rule 3 of the CPC in terms of the Settlement Agreement dated 04.05.2026, along with pending application(s), if any.

10.

Since the suit has been settled between the parties, the Plaintiffs are entitled to a refund of the entire court fee in terms of Section 16 of the Court Fees Act. The Registry is directed to refund the entire court fees to the Plaintiffs.

11.

The Application is disposed of in the aforesaid terms. 12.

The date already fixed, i.e. 27.08.2026, stands cancelled. I.A. 13530/2026 13.

This Application has been filed on behalf of Defendant No.1 for release of the rent amount along with the interest deposited in terms of the Settlement Agreement dated 04.05.2026.

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

14.

In view of the fact that the Suit has been disposed of in terms of the Settlement Agreement dated 04.05.2026, the Registrar is directed to release the amount along with the accrued interest thereon in terms of the Settlement Agreement dated 04.05.2026.

15.

The Application is disposed of.

SUBRAMONIUM PRASAD, J MAY 14, 2026 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.