Sunaina Mathur v. Dinesh Mathur & ANR.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 842/2023 SUNAINA MATHUR .....Plaintiff Through:

Mr. Pranav Jain, Adv. and Ms.

Sakshi Tikmany, Adv.

versus DINESH MATHUR & ANR.

.....Defendants Through:

Mr. Vipluv Acharya, Mr. Jai Bansal, Advs. for D-1 along with Mr. Dinesh Mathur (defendant No.1 in person) Mr. Gautam Singh and Mr. Naman Choula, Advs. for Defendant No.2.

along with Ms. Komal Mathur defendant no 2 in person.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 28.01.2025 I.A. 1882/2025 (Seeking directions for masking the names of the parties) 1.

The said application sought to be withdrawn by defendant no.1. 2.

Accordingly, the application is dismissed as withdrawn. CS(OS) 842/2023 along with I.A. 2227/2025 (Application under Order XXIII Rule 3 CPC) 1.

This application has been filed under Order XXIII Rule 3 of the Code of Civil Procedure 1908, placing on record a settlement dated 17th September 2024, arrived at between the plaintiff and defendant no.1 with the facilitation of the Delhi High Court Mediation & Conciliation Centre. 2.

Plaintiff is appearing through VC and is assisted by counsel, who is present in Court, while the defendant no. 1 is present before the Court, also The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

assisted by counsel.

3.

Plaintiff and defendant no.1 acknowledge the agreement that has been arrived at, duly signed by both and counter-signed by their counsels. 4.

The Court has perused the settlement and finds it to be lawful and acceptable.

5.

In view of the same, the suit is, therefore, decreed in terms of the settlement agreement.

6.

As part of the settlement, it has been agreed that the relinquishment deed, which was executed by defendant no.1 in favour of defendant no.2/his sister, would stand cancelled.

7.

Defendant No.2 is present in Court and confirms her agreement to the cancellation of the relinquishment deed and has also filed an affidavit dated 18th January 2025, in this regard. Even though she is not a party to the mediation settlement, which arises out of matrimonial disputes between the plaintiff and defendant no.1, she states that she has voluntarily agreed to the cancellation of the relinquishment deed dated 08th July 2022. 8.

Considering that the relinquishment deed is to be cancelled, a copy of the order be sent by the Registry to the Sub-Registrar, V-A, Hauz Khas, New Delhi, to cancel the relinquishment deed dated 08th July 2022, executed by defendant no.1 in favour of defendant no.2 and registered under Registration No.6750 in Book No.1, Volume No.4777, on pages 38 to 43; same is to be declared as null & void and non est.

9.

The suit is, therefore, disposed of with the aforementioned terms. 10.

Pending applications, if any, also stand disposed of as being rendered infructuous.

11.

The next date before Joint Registrar (Judicial) stands cancelled. 12.

The Court puts on record appreciation of the efforts made by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

parties, as well as respective counsels, in achieving the settlement in this regard.

13.

Order be uploaded on the website of this Court. ANISH DAYAL, J JANUARY 28, 2025/MK/tk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.