Ashwani Tyagi v. Alka Tyagi & ORS

$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1243/2018 & CM APPL. 42411/2018 ASHWANI TYAGI .....Petitioner Through:

Mr. Raman Singh Kashyap, Advocate versus ALKA TYAGI & ORS .....Respondent Through:

Mr. Mohd. Rashid and Mr. Shivam Sharma, Advocates for R-1 to R-3

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 27.08.2025 1.

Petitioner herein is defending a suit for partition. 2.

Suit was filed earlier before this Court on its original side and was registered as CS (OS) 4009 of 2014. When the suit was pending here, right of defendant no. 4 to file written statement was closed on 09.09.2015. 3.

Such order was challenged.

4.

However, in the interregnum, on account of change in pecuniary jurisdiction, suit got transferred to District Courts and is now listed on 12.09.2025.

5.

Fact, however, remains that on account of sincere efforts made by the learned counsel for the parties, matter has been, eventually, settled between the parties, though, earlier there was no positive outcome when the matter was referred to mediation.

6.

Copy of Family Settlement has also been placed on record and in view of the above, learned counsel for petitioner submits that he does not want to CM(M) 1243/2018 1 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 29/08/2025 at 12:28:29

press the present petition and would rather request learned Trial Court to take on record the aforesaid Family Settlement and to dispose of the suit in terms of Family Settlement.

7.

Learned counsel for respondents has also no objection if the suit is disposed of in terms of aforesaid Family Settlement. 8.

In view of the above, the present petition is disposed of as not pressed in terms of the settlement between the parties. Let deed of Family Settlement be placed before the learned Trial Court and learned Trial Court is requested to consider the same and to pass further orders, in accordance with law. 9.

Pending application also stands disposed of in aforesaid terms. MANOJ JAIN, J AUGUST 27, 2025/dr/js CM(M) 1243/2018 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 29/08/2025 at 12:28:29