Mr. Sanjeev Mahajan and Mr. Pranjal in Tandon, Advs. with v. SHRI ANUPAM KAMAL

SHRI ANUPAM KAMAL .....Defendant Through: Mr. Gaurav Puri and Mr. Sarthak Gupta, Advs with Defendants person CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA % I.A. 10049/2025 O R D E R 22.04.2025

1. This is an application under Section 151 of the Code of Civil Procedure, 1908, filed by the plaintiff, for taking on record the settlement agreement dated 12.03.2025 executed between the parties herein and for recording the statement of the plaintiff, defendant no. 1 and defendant no. 2 affirming the terms of the settlement agreement dated 12.03.2025.

2. There is one plaintiff and two (2) defendants as per the amended memo of parties dated 13.10.2023. Plaintiff, defendant no. 1 and defendant no. 2 are present in Court and have been identified by their respective counsels.

3. The present suit had been filed seeking partition of the immovable properties set out in paragraphs 2 and 3 of the plaint. The present matter was CS(OS) 404/2022 This is a digitally signed order. 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 28/04/2025 at 13:55:13 referred to the Delhi High Court Mediation and Conciliation Centre. Mediation (Mediation Centre) and has been successful through the efforts of Mr. Parveen Dahiya, Mediator.

4. The parties state that they have arrived at a settlement by executing the settlement agreement dated 12.03.2025, whereby, the plaintiff herein acknowledges that defendant no. 1 and defendant no. 2 are the exclusive and absolute owners of the property bearing no. D-64, Hauz Khas, New Delhi- 110016 (‘Hauz Khas property’). The plaintiff further acknowledges the validity of the gift deed dated 19.06.2013, whereby late Dr. Chander Prabha has transferred the Hauz Khas property in favour of defendant nos. 1 and 2.

5. In addition, defendant no. 1 has undertaken to execute a relinquishment deed in favour of the plaintiff with respect to the property bearing no. 5, Paharganj Lane, behind Krishna Market, New Delhi-110055 (‘Paharganj property’) also known as Property No. 5-19/80A, Pahar Ganj, New Delhi-110055 in municipal records.

6. Defendant no. 1 who is present in Court states that he undertakes that he will appear before the concerned Sub-Registrar on the date of the appointment granted by the concerned Sub-Registrar. He states that the draft of the final relinquishment deed has already been exchanged between the parties and the final deed will be executed during the course of the day.

7. Plaintiff, defendant no. 1 and defendant no. 2, who are present in Court confirm that they have signed the settlement agreement dated

12.03.2025 after taking due independent legal advice from their respective counsels and are satisfied with the terms and conditions set out therein.

9. This Court has perused the settlement agreement dated 12.03.2025. Amongst the outstanding obligations, Defendant no. 1 has undertaken CS(OS) 404/2022 This is a digitally signed order. 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 28/04/2025 at 13:55:13 to execute the relinquishment deed and appear before the concerned Sub- Registrar within the coming week. There are several other terms and conditions agreed to between the parties, which are set out in the settlement agreement dated 12.03.2025 including the agreement with respect to the bank locker bearing no. 999 with Canara Bank, Hauz Khas Branch, New Delhi.

10. At this juncture it would be relevant to refer to the judgment passed by the Supreme Court in Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd.1, wherein while dealing with Section 89 of the Code of Civil Procedure, 1908 (CPC), the Supreme Court observed that the settlement agreement executed between the parties shall be placed before the Court for recording it; and for disposing the suit in terms of the settlement, the Court should apply the principle of Order XXIII Rule 3 CPC and make a decree in terms of the settlement in regard to the subject matter of the suit and the settlement to make such settlement effective.

11. This Court is satisfied that the settlement agreement dated 12.03.2025 satisfies the requirements of Order XXIII Rule 3 CPC. The settlement arrived between the parties in the said settlement agreement is lawful and therefore, this Court does not find any impediment in decreeing the captioned suit in terms of the said settlement agreement.

12. The statements and undertakings given by the parties are accepted by this Court and the parties are held bound by the same.

13. Consequently, the present application is allowed, the settlement agreement is taken on record and the captioned suit is decreed in terms of the settlement agreement dated 12.03.2025. The registry is directed to 1 (2010) 8 SCC 24 CS(OS) 404/2022 This is a digitally signed order. 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 28/04/2025 at 13:55:13 prepare a decree sheet in terms thereof. The settlement agreement dated

12.03.2025 shall form part of the decree. CS(OS) 404/2025 14. List for compliance on 19.05.2025.

16. Interim orders, if any, stand vacated. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. APRIL 22, 2025/msh/MG MANMEET PRITAM SINGH ARORA, J Click here to check corrigendum, if any CS(OS) 404/2022 This is a digitally signed order. 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 28/04/2025 at 13:55:13