High Court of DelhiCS(OS)/939/2025

Tara Chand Jalan And ANR v. Suresh Kumar Jalan And ORS

2026-02-25Hon'Ble Ms. Justice Mini Pushkarna9 pages

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 939/2025, I.A. 32116/2025 & I.A. 5174/2026 TARA CHAND JALAN AND ANR.

.....Plaintiffs Through:

Ms. Rachna Agrawal, Adv.

Mob: 9899007471 Email: agrawal_rachna@yahoo.in versus SURESH KUMAR JALAN AND ORS.

.....Defendants Through:

Ms. Vandana Bhatnagar, Adv.

Mob: 9910008879 Email:

vandana_bhatnagar_2004@yahoo.co m

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 25.02.2026 CS(OS) 939/2025 & I.A. 5174/2026 1.

The present is a joint application on behalf of the plaintiffs and the defendants, under Order XXIII Rules 3 and 3A, read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"), for passing of a decree on the basis th of the Memorandum of Family Settlement dated 06 June, 2025.

The captioned suit has been filed seeking declaration and permanent th injunction, pursuant to a Memorandum of Family Settlement dated 06 June, 2025, in respect of immovable properties forming part of estate of the common ancestor of the parties.

It is submitted that since the parties herein are closely related, the matter was discussed between the parties, subsequent to the filing of the present suit and due to intervention of their well-wishers and relatives, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

parties agreed to settle the matter in terms of the Oral Family Settlement dated 30th November, 2019.

It is, thus, submitted that the matter stands settled by and between the th November, 2019 vide the parties on the terms, as were agreed upon on 30 Oral Family Settlement, which have been duly recorded in the Memorandum of Family Settlement dated 06th June, 2025. The terms of the settlement between the parties, as provided in the present application, are reproduced 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.

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"

Learned counsels for the parties jointly submit that the aforesaid settlement has been reached between the parties out of their own free will and without any pressure, coercion or duress. 6.

The aforesaid statement is taken note of, and the parties are held bound by the same.

This Court has perused the settlement between the parties, and the Court is satisfied that the same has been arrived at between the parties, by following due procedure and after meeting the essentials as specified in Order XXIII Rule 3 of the CPC.

Accordingly, with the consent of the parties, a consent decree is hereby passed in terms of the Memorandum of Family Settlement dated 06th June, 2025, and following directions are issued in this regard: I.

The parties are hereby held bound by the aforesaid Memorandum of th Family Settlement dated 06 June, 2025, and they shall abide by the terms and conditions as set out in the said Settlement. II.

None of the parties shall raise any dispute with respect to the issues which have been settled by way of the present Memorandum of Family Settlement.

In view of the aforesaid, the present suit stands decreed in terms of the Memorandum of Family Settlement dated 06th June, 2025.

10.

Let the decree sheet be prepared by the Registry, in accordance with the aforesaid consent terms between the parties. Additionally, let the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Memorandum of Family Settlement dated 06th June, 2025, be made part of the decree.

11.

At this stage, learned counsel appearing for the plaintiffs prays for refund of Court Fees, in view of the settlement arrived at between the parties.

12.

Considering the fact that the parties have arrived at settlement, and that the present suit is at a nascent stage, the Registry of this Court is directed to issue a Certificate of Refund of full Court Fees in favour of the plaintiffs.

13.

With the aforesaid directions, the present suit, along with the pending applications, is disposed of.

MINI PUSHKARNA, J FEBRUARY 25, 2026/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.