Shanti Prakash Tripathi & ANR. v. Satya Prakash Tripathi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 826/2024 & I.A. No. 15485/2026 SHANTI PRAKASH TRIPATHI & ANR.
.....Plaintiffs Through:
Mr. Akshay Bhandari, Adv. (Through VC) versus SATYA PRAKASH TRIPATHI .....Defendant Through:
Mr.
Pawan Bhushan and Mr.
Shushant Rao Bontha, Advs.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 29.05.2026 I.A. No. 15485/2026 1.
The present application has been filed jointly on behalf of the plaintiffs and defendant, under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"), for decreeing the suit in terms of the Settlement Agreement executed between the parties and forming part of the present application.
2.
The instant suit had been filed by the plaintiffs seeking partition qua the estate of Late Prof. Satya Deo Tripathi. There is a further prayer for permanent injunction with respect to the property bearing No. 93, Sahyog Apartments, Mayur Vihar, Phase-1, Delhi, 110091, admeasuring 1000 sq. ft. (approx.), having 3 bedrooms, and other movable properties in the form of assets lying in bank accounts, Fixed Deposits ("FDs"), etc., and thereby The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
seeking directions to the defendant for rendition of accounts. 3.
Learned counsels for the parties submit that the parties are real brothers and the only legal heirs of Late Prof. Satya Deo Tripathi and his wife, Late Mrs. Prema Tripathi, both of whom died intestate on 19th June, 2022 and 09th September, 2015, respectively. Upon the demise of Late Prof. Satya Deo Tripathi, the parties inherited certain movable as well as immovable properties.
4.
It is further submitted that the parties amicably resolved the disputes between them. The parties had entered into a family settlement to decide their respective shares. Thereafter, the parties entered into the Settlement Agreement, which records the shares of the parties in the way it was orally agreed upon by each of them. Thus, the Settlement Agreement, forming part of the present application, records the terms and conditions of the family settlement already agreed between the parties. 5.
Learned counsels for the parties submit that the amicable settlement as incorporated in the present application has been arrived at and agreed by the parties voluntarily, with free will and without any pressure, whatsoever. 6.
It is further submitted that the parties have arrived at the Settlement Agreement without any coercion, undue influence, or misrepresentation, to maintain peace, harmony and cordial relations within the family, and to not have any animosity amongst one another.
7.
Accordingly, by way of the present application, the Settlement Agreement between the parties is sought to be placed on record, and it is submitted that the present suit be decreed in terms of the aforenoted Settlement Agreement.
8.
At this stage, this Court notes that the terms of the Settlement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Agreement, as forming a part of the present application, provides as under: 8.1.
All the moveable and immovable assets of Late Prof. Satya Deo Tripathi and Late Mrs. Prema Tripathi are to be divided equally amongst the parties to the instant suit, each having 1/3rd share thereto. 8.2.
The ownership of all the immovable assets shall vest equally amongst the parties to the suit, with each party having 1/3rd share therein, with terms of usage enumerated as under:
"xxx xxx xxx The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
xxx xxx xxx"
8.3.
Further, it is agreed that the defendant, i.e., Satya Prakash Tripathi shall, within 30 days from the passing of the final decree, transfer the total rental income of Rs. 2,72,000/- (Rupees Two Lakhs Seventy-Two Thousand Only), collected from July 2023 to April 2026, to the plaintiffs, i.e., Dhruv Prakash Tripathi and Shanti Prakash Tripathi, after deducting a sum of Rs. 31,800/- (Rupees Thirty-One Thousand and Eight Hundred Only) towards the amount spent on maintenance and other incidental expenses. The said amount shall thereafter be utilised by the plaintiffs towards carrying out repair and maintenance works in respect of the property at Prayagraj. 8.4.
It is further agreed that the rental money will continue to be collected in the same bank account, where the tenant is currently depositing the rent for the property at Prayagraj, until the month the Settlement Agreement is decreed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
in a suit. After the final decree, the tenant will be notified to deposit the monthly rent into the plaintiffs' bank account in India, i.e., bank account of either Mr. Shanti Prakash Tripathi or Dhruv Prakash Tripathi. 8.5.
Further, the movable assets have been agreed to be divided between the parties, in the following terms:
"xxx xxx xxx 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.
xxx xxx xxx"
9.
This Court has perused the terms of the Settlement Agreement as elucidated in the present application, and finds no impediment in decreeing the suit in terms thereof.
10.
Accordingly, with the consent of the parties, a consent/compromise decree is hereby passed in terms of the Settlement Agreement and the following directions are issued in this regard: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
i. The parties are hereby bound by the aforesaid Settlement Agreement, and they shall abide by the terms and conditions, as set out therein. ii. None of the parties shall raise any dispute with respect to the issues which have been settled by way of the Settlement Agreement. 11.
Accordingly, the suit is decreed in terms of the Settlement Agreement, entered into between the parties as occurring in the present application, which shall form part of the decree.
12.
Let decree sheet be prepared by the Registry, in accordance with the aforesaid consent terms between the parties.
13.
The present suit, along with present application, is accordingly disposed of in the aforesaid terms.
14.
The next date of 21st July, 2026 before the Joint Registrar (Judicial), stands cancelled.
MINI PUSHKARNA, J MAY 29, 2026/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.