Dr Jiwan Lal Mittal v. Mrs Asha Rani And ORS

$~O-38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 905/2024 DR JIWAN LAL MITTAL .....Plaintiff Through:

Ms. Suubhi Dewan, Adv along with plaintiff in person.

versus MRS ASHA RANI AND ORS .....Defendants Through:

Mr. Rohit Gupta, Adv along with Smt. Suchi Gupta, D-3 in person (Thr.

VC).

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 09.09.2025 I.A 22214/2025 (FOR PREPONEMENT OF HEARING) 1.

For the reasons stated in the application, the matter itself is taken up for hearing.

2.

The instant application stands disposed of.

I.A 22213/2025 (BY ALL PARTIES- PASSING OF COMPROMISE DECREE OF PARTITION IN TERMS OF SETTLEMENT DT. 21.07.2025) 3.

The instant application has been filed jointly by the parties seeking a consent decree in terms of the settlement arrived at among them vide the settlement agreement dated 21.07.2025.

4.

For the reasons stated in the application, the same is allowed. CS(OS) 905/2024 and I.A. 45250/2024, I.A. 19759/2025, I.A 20147/2025 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 12/09/2025 at 12:23:15

5.

The parties are present along with their respective counsel. They submit that they have amicably resolved the dispute by way of the settlement agreement dated 21.07.2025. The same is on record. 6.

Order XXIII, Rule 3 authorises the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that the settlement arrived at should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing, and (iii) it is duly signed by the parties arriving at the compromise. 7.

The settlement has been agreed upon without fear or coercion, and the parties appear to have entered into the settlement agreement on their own volition.

8.

The Court is satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified Order XXIII, Rule 3. Therefore, the parties shall be bound by the aforesaid settlement agreement.

9.

In view of the aforesaid, the civil suit stands decreed in terms of the settlement agreement.

10.

The Registry is directed to draw-up a decree sheet. Let the settlement agreement to also form part of the decree.

11.

The civil suit along with the pending applications stands disposed of. PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 9, 2025/aks/sp 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 12/09/2025 at 12:23:15