High Court of DelhiCS(OS)/4/2023

Shalini Mittal v. Birjesh Kumar Aggarwal & ANR.

2026-03-13Hon'Ble Mr. Justice Subramonium Prasad11 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 4/2023 & I.A. 34/2023, I.A. 993/2023 SHALINI MITTAL .....Plaintiff Through:

Mr. Ehraz Zafar, Advocate versus BIRJESH KUMAR AGGARWAL & ANR ......Defendants Through:

Mr. Neeraj Aggarwal, Ms. Neha Jain, Advs. along-with Defendant No.2 Neeraj Aggarwal in person

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 13.03.2026 1.

The present Suit has been filed with the following prayers: "A. Pass decree in favour of the Plaintiff and against the Defendant No. 1 declaring that the Plaintiff has 1/3 share in the property bearing no. 243, Canara Apartments, Sector 13, Rohini New Delhi.

B. Pass a decree for partition of Suit Properties and pass direction(s) for equal distribution of the Suit Properties i.e. all movable and immovable properties amongst the Plaintiff and the Defendants after taking into consideration the money withdrawn and mis-utilised by the Defendants. C. Pass a preliminary decree, the properties be partitioned by meters and bounds and thereafter parties be put in their respective shares.

D. Final decree of partition may also be passed in favour of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Plaintiff and against the Defendants and the Plaintiff be put in possession of her share in the suit properties. Cost of the suit may also be awarded.

E. It is prayed that a decree of perpetual/mandatory injunction may kindly be passed in favour of the Plaintiff and against the Defendants thereby restraining the Defendants from selling, assigning or otherwise parting possession or ownership or creating third party rights in the above-said suit properties, including in the property bearing no. 243, Canara Apartments, Sector 13, Rohini.

F, Pass any other further order(s) which this Hon'ble Court may deem fir and proper."

The Plaintiff and Defendant No.2 are siblings and Defendant No.1 is their father.

During the pendency of the Suit, the parties were referred to Delhi High Court Mediation and Conciliation Centre to explore the possibility of an amicable settlement.

During the pendency of the present proceedings, the Defendant No.1 has passed away. It is stated that Plaintiff and Defendant No.2 are the only legal representatives of Defendant No.1. Defendant No.1 is, therefore, deleted from the array of parties.

Vide Settlement Agreement dated 16.12.2025, the Plaintiff and Defendant No.2 have settled the matter. The Settlement Agreement has been filed 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 acted upon. 7.

The Settlement Agreement is taken on record.

The Parties are bound by the terms contained in 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. 10.

The Suit is disposed of in terms of the Settlement Agreement dated 16.12.2025, along with pending application(s), if any. 11.

Let a decree sheet be drawn up according to the Settlement Agreement dated 16.12.2025.

12.

Since the parties have entered into a compromise, let the entire court fee be refunded to the Plaintiff in terms of Section 16 of the Court Fees Act, 1870.

SUBRAMONIUM PRASAD, J MARCH 13, 2026 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.