Dharambir @ Dharambir Saini & ANR. v. Pawan Kumar @ Pawan Kumar Saini & ORS.

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 849/2024 DHARAMBIR @ DHARAMBIR SAINI & ANR. .....Plaintiffs Through:

Mr. Anuj Saini and Mr. Pratham Saini, Advocates.

versus PAWAN KUMAR @ PAWAN KUMAR SAINI & ORS.

.....Defendants Through:

Mr. Dhruv Chawla, Advocate along with Defendants No.1 and 2 in person, for Defendants.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 07.04.2025 I.A. 8906/2025 1.

This is a joint application filed by Plaintiffs and Defendants under Order XXIII Rules 3 and 3A CPC read with Section 151 CPC for recording settlement between the parties.

2.

This suit was filed by the Plaintiffs for a decree of partition of 1/4th share each in the suit land as also possession and permanent injunction against the Defendants. Plaintiffs and Defendants are stated to be co-bhumidars in cultivatory possession in respect of their shares inherited from their forefathers under the law of succession. Earlier, parties had executed a Partition Deed dated 31.05.2022, however, on account of some disputes arising between them, present suit was filed. During the pendency CS(OS) 849/2024 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:32:55

of the suit, parties were referred for mediation before the Delhi High Court Mediation and Conciliation Centre, where they have resolved and settled all the disputes and a Settlement Agreement has been executed and signed on 18.02.2025, copy of which is placed on record, incorporating the terms of settlement. Learned counsels for the parties submit that the suit be decreed in terms of the Settlement Agreement.

3.

I have perused the terms of settlement and the same are found to be lawful. Accordingly, this application is allowed and disposed of, recording the settlement between the parties and accepting the same. CS(OS) 849/2024 and I.A. 43172/2024 4.

In light of the order passed in I.A. 8906/2025 and in terms of the settlement between the parties incorporated in the Settlement Agreement dated 18.02.2025, the suit is decreed. Settlement Agreement shall form a part of the decree and the terms incorporated therein shall bind the parties thereto.

5.

Registry is directed to draw up the decree sheet. 6.

Suit is disposed of along with pending application. 7.

Date of 14.04.2025 is cancelled.

JYOTI SINGH, J APRIL 7, 2025/B.S. Rohella CS(OS) 849/2024 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:32:55