Smt. Vanita Kawatra & ANR. v. Sh. Kapil Arora

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 880/2024 & I.A. 44306/2024 SMT. VANITA KAWATRA & ANR.

.....Plaintiffs Through:

Mr.

Preet Pal Singh and Ms.

Tanupreet Kaur, Advs. Along with plaintiff in person.

versus SH. KAPIL ARORA .....Defendant Through:

Mr. Amit Sood and Mr. Chandan Dutta, Advs.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 08.04.2025 I.A. 9197/2025 (Under Order XXIII Rule 3 CPC) 1.

This is an application filed by the parties jointly under Order XXIII Rule 3 of the Code of Civil Procedure ('CPC') for seeking a decree in this suit in terms of the settlement agreement dated 21.02.2025 ('Settlement Agreement') recorded before the Delhi High Court Mediation and Conciliation Centre.

2.

It is stated in the application that the subject matter of the suit is property bearing no. B-5/5, Rajouri Garden, Delhi-110027 admeasuring 272.5 sq. yds. ('Suit Property').

3.

It is stated that parties have jointly sold the said property to a thirdparty buyer namely Ms. Ritu Uppal. It is stated that the sale consideration has been appropriately distributed amongst the parties in the ratio set out in Clause 2 of the Settlement Agreement.

4.

Learned counsel for the parties' state that the sale deed will be executed on 09.04.2025 before the office of the concerned sub-Registrar. 5.

It is stated that all claims inter-se between the parties qua the subject 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 16/04/2025 at 12:40:57

property stands satisfied though the Settlement Agreement, accordingly, the application for seeking a decree in terms of the Settlement Agreement has been filed.

6.

This Court has perused the terms of the settlement and having regard to the aforesaid, there does not appear to be any impediment in grant of decree in terms of the settlement agreement. And, this Court is satisfied that the parties have arrived at lawful settlement on the terms detailed in the settlement agreement.

7.

In view of the statements of the parties and their counsels recorded above, the terms of settlement are accepted and parties are bound down to the obligations assumed under the agreement.

8.

Accordingly, the said settlement agreement is taken on record and the suit is decreed in terms thereof.

9.

The application is disposed of in the aforesaid terms. CS(OS) 880/2024 10.

The suit is accordingly decreed in terms of the Settlement Agreement which terms shall form part of the decree. The Registry is directed to draw up the decree-sheet accordingly. The settlement agreement shall form part of the decree.

11.

All pending applications shall stand disposed of. 12.

All further dates of hearing in the suit are hereby cancelled and interim order, if any, stands vacated.

MANMEET PRITAM SINGH ARORA, J APRIL 8, 2025/rhc/ms 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. The Order is downloaded from the DHC Server on 16/04/2025 at 12:40:57