Shri Gopal Krishan Dua v. Shri Darshan Kumar Dua & ANR.

$~O-49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 338/2018 SHRI GOPAL KRISHAN DUA .....Plaintiff Through:

Mr.Asim Naeem, Ms.Subhani Shabahat, Ms.Cherry and Ms.Arvisa, Advocates.

versus SHRI DARSHAN KUMAR DUA & ANR.

.....Defendants Through:

Mr.Harsh Prakash, Advocate for D-1 to 4.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 10.02.2025 I.A. 3458/2025 (under Order XXIII Rule 1 r/w Section 151 of CPC) 1.

Heard learned counsel appearing on behalf of the parties. 2.

The parties to this agreement jointly submit that they have amicably resolved their disputes and have reduced the terms of the settlement in writing by way of Family Settlement dated 20.01.2025. They, therefore, jointly submit that the Court may direct the parties to remain bound by the said terms of the settlement.

3.

The Court has perused the Family Settlement dated 20.01.2025, and is of the considered opinion that the same has been entered into without any fear or coercion.

4.

Order XXIII, Rule 3 authorizes the Court to pass a decree on a 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 14/02/2025 at 12:22:08

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 (iii) it is duly signed by the parties arriving at the compromise. 5.

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.

6.

All the parties are present in the Court, and their identity is verified by learned counsels who appear on their behalf.

7.

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.

8.

In view of the aforesaid, the prayer made in the instant application stands accepted and the instant civil suit bearing CS(OS) 338/2018 stands disposed of in terms of prayer clause (a) of I.A. 3458/2025. 9.

The parties are directed to remain bound by the terms of the settlement reduced in writing by way of Family Settlement dated 20.01.2025.

10.

The date already fixed, i.e., 19.02.2025, stands cancelled. PURUSHAINDRA KUMAR KAURAV, J FEBRUARY 10, 2025 Nc/sp 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 14/02/2025 at 12:22:08