High Court of DelhiCS(OS)/80/2020

Rajinder Kaur & ORS. v. S.Charanjeet Singh & ORS.

2024-12-13Hon'Ble Dr. Justice Swarana Kanta Sharma10 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 80/2020 RAJINDER KAUR & ORS.

.....Plaintiff Through:

Mr. Jaspreet Singh, Advocate.

versus S.CHARANJEET SINGH & ORS.

.....Defendants Through:

Mr. Prashant Batra, Advocate

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 13.12.2024 I.A. 48175/2024 (under Order XXIII Rule 1) 1.

The present application under Order XXIII Rule 1, read with Section 151 of the Code of Civil Procedure, 1908 (hereafter 'CPC') has been filed jointly, on behalf of the parties, praying as follows: "a. It is, therefore, most respectfully prayed that this Hon'ble court may be kind enough to disposed of the suit of the plaintiff in terms of the MOU Dt. 06.11.2023."

Vide order dated 06.07.2023, the learned counsel appearing on behalf of the parties had requested for some time for out of court settlement, and the learned Joint Registrar (Judicial) had adjourned the matter for filing the report of settlement.

Today, it is submitted by the learned counsel appearing for the parties that, the matter has been amicably settled and the parties have entered into a Memorandum of Understanding (MoU) dated 06.11.2023. The terms of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

said MoU are extracted herein below:

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 above, by way of present application, the learned counsel appearing on behalf of the parties pray that the present suit be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

disposed of in the aforesaid terms.

The MOU as well as the present application has been signed by plaintiffs, defendant no.1 and their counsels. 6.

The parties agree that they shall remain bound by the terms of the MOU.

It is settled law that, as per the provisions of Order XXIII Rule 1(1) of CPC, the plaintiff has an absolute right to withdraw from a suit filed before a Court of law. Further, the plaintiff herein has not sought any liberty for filing of the suit afresh, under Order XXIII Rule 1(3) of CPC. Thus, there is no impediment in allowing the present application. 8.

Accordingly, the present application stands allowed. CS(OS) 33/2024 9.

In view of the order passed in I.A. 48175/2024, the present suit is disposed of as withdrawn. The date already fixed i.e. 25.02.2025 stands cancelled.

10.

The order be uploaded on the website of this Court forthwith. SWARANA KANTA SHARMA, J DECEMBER 13, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.