This court disposed of a suit for partition, accounts, mesne profits, and injunction after successful mediation. Relying on Section 89 CPC and Afcons, the court decreed the suit in terms of a Settlement Agreement executed between the parties on 16 August 2017.
Suit decreed in terms of Settlement Agreement dated 16.08.2017 marked as Ex.C-1.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~4
BRIJ MOHAN BAJAJ & ANR ..... Plaintiffs
Through Mr.Neeraj Kumar Gupta, Advocate.
versus
RAKESH KUMA BAJAJ & ANR ..... Defendants Through Mr.Ravindra Kumar, Advocate for D- 2.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
The present suit has been filed for partition, accounts, mesne profits and injunction.
On 27th February, 2017, the present suit was referred to the Delhi High Court Mediation and Conciliation Centre.
Mediation in the present case has been successful through the efforts of Ms.Anisha Gupta, Advocate-Mediator.
A Settlement Agreement dated 16th August, 2017 has been executed between the parties.
It is pertinent to mention that the Supreme Court in Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24 while dealing with Section 89 of the CPC observed that the settlement agreement will have to be placed before the Court for recording it and disposing of the suit in its terms and the Court should apply the
principle of Order 23 Rule 3 of the CPC and make a decree in terms of the settlement in regard to the subject matter of the suit, to make such settlement effective.
This Court is satisfied that the compromise between the parties contained in the aforesaid Settlement Agreement satisfies the requirements of Order 23 Rule 3 CPC. The compromise contained in the aforesaid Settlement Agreement is lawful and therefore, this Court does not find any impediment in decreeing the suit in terms of the aforesaid Settlement Agreement.
Consequently, present suit is decreed in terms of the aforesaid Settlement Agreement dated 16th August, 2017, which is marked as Ex.C-1. Registry is directed to prepare a decree sheet in terms thereof.
With the aforesaid observations, present suit stands disposed of.
MANMOHAN, J
SEPTEMBER 07, 2017 KA
2 issues framed by the court
Whether the compromise in the Settlement Agreement satisfies the requirements of Order 23 Rule 3 CPC for decreeing the suit.
Whether the Court can decree the suit in terms of the executed Settlement Agreement under Section 89 CPC.
Colour shows how this judgement treated each authority
Afcons Infrastructure Ltd. Versus Cherian Varkey Construction Co. (P) Ltd.Referred¶16
Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24 · Who else cites this
2 provisions across 2 enactments
MANMOHAN
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
