High Court of Delhi disposed of a property suit where parties settled mutually, executed sale deeds via nominee, and paid consideration. Plaintiff sought withdrawal; Court dismissed suit as withdrawn and disposed pending applications.
Suit dismissed as withdrawn; pending applications disposed of.
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Through: Ms.Nikita Bhutani, Adv. for P- 1.
Mr.Mohit Monga, Adv. for P-2 & P-3.
versus
DHANPAT RAI DUA & ORS .....Defendants Through: Mr.Ravi Krishan Chandan, Ms.Shruti Chandna, Mr.Malyaj Sehgal, Advs. for D-1. Mr.Raveesh Thukral, Adv. for D-11.
CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R
the settlement arrived at between the plaintiff nos.2 and 3 on one hand, and defendant no.1(i) and 1(iv) and defendant no.11 on the other hand. The terms of the Settlement are extracted hereinbelow:-
“7. That during the pendency of the suit, the defendants have entered into a mutual settlement and have agreed to the following terms and conditions :-
a. The Defendants No. 1(i) and (iv) have agreed to sell their 25 % share in the suit property to the Plaintiffs No. 2 and 3.
b. That the Plaintiffs No. 2 and 3 shall enter into an agreement to sell with the Defendants No. 1(i) and (iv) on the date of passing of the orders by this Hon’ble
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Court thereby recording the terms of the sale transaction.
c. That the Plaintiffs No. 2 and 3 shall make the entire payment / sale consideration to the make the entire payment to the Defendants No. 1(i) and (iv) on or before 30/06/2024.
d. Similarly, the Defendant No. 11 has also agreed to sell his undivided 50 % share in the suit property to the Plaintiffs No. 2 and 3 on the terms and conditions agreed between the said parties.
e. That on receipt of the entire sale consideration, the Defendants No. 1(i) and (iv) and Defendant No. 11 shall execute registered Sale Deeds of their respective shares in the name of the Plaintiffs No. 2 and 3 or their nominee or any other person at the instance of Plaintiff No. 2 and 3 to which defendants shall have no objection and defendants will cooperate in execution and registration of the Sale Deed.
f. That the parties to the present application being the sellers and the purchasers with consent of each other may execute the sale deed in favour of the nominee of the Plaintiffs No. 2 and 3 or any other person at the instance of the Plaintiff No. 2 and 3, however the said nomination can be considered only after the payment of the entire agreed sale consideration and in such condition, the same shall not be considered as the violation of any orders passed by this Hon’ble Court. g. That in case the Plaintiffs No. 2 and 3 fails to execute the Agreement to sell with the Defendants No. 1 (i) and (iv) or a separate agreement with the Defendant No. 11 on the date of passing of the orders on the present application, the orders dated 10/04/2018 and 10/02/2020 would not be treated as
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 20/08/2024 at 12:55:07
modified and shall continue and shall be binding on the parties. The copy of Orders dated 10/04/2018 and 10/02/2020 are annexed herewith as Document B and C respectively.
h. Similarly, after the execution of the agreement to sell on the date of passing of the order on the present application, the Plaintiffs No. 2 and 3 fails to make the payment of the entire sale consideration as may be agreed in the agreement(s) to sell, the orders dated 10/04/2018 and 10/02/2020 would not be treated as modified and shall continue and shall be binding on the parties.
i. That the parties have agreed that the Plaintiff No. 2 and 3 shall enter into the sale transaction with the Defendants No. 1(i) and (iv) and the Defendant No. 11 simultaneously and shall not have any right to cancel / terminate with the agreement executed with any one of the parties. In case the transaction of the Plaintiffs No. 2 and 3 with the Defendants No. 11 fails, the transaction of Defendants No. 1(i) and (iv) shall also become null and void and the vice versa.
j. That none of the parties shall sell share respective shares or deal with the same in any manner whatsoever other than the terms and condition agreed in the present application.
k. That the present terms have been agreed with free will and consent of the parties and without any undue pressure or coercion.
l. That after purchasing the respective shares of the defendants as detailed above, the plaintiff No. 2 and 3 shall become owners in respect of the entire suit premises to the extent of 100 % and shall become absolute owner of the suit premises.
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 20/08/2024 at 12:55:07
8. That the parties are duty bound to abide by the orders passed by this Hon’ble Court dated 10/04/2018 and 10/02/2020 directing parties to maintain the status-quo in respect of the suit premises bearing no. F- 12/8, Model Town-II, Delhi 110009.
9. That the parties are the law abiding citizens of India and are not able to enter into any agreement or get the sale deed executed during the operation of the order dated 10/04/2018 and 10/02/2020, hence this application is being filed seeking permission to transfer / sell the respective shares of the parties interse each other.
10. That the present application is being filed believing the representations of the Plaintiffs No. 2 and 3 that they shall enter into the agreement to sell on the date of passing of the orders on the present application and shall get the sale deed executed on or before 30.06.2024 after payment of the entire sale consideration to the Defendants No. 1 (i) and (iv) and the Defendant No. 11 in the manner recorded herein above. The defendant No. (i) and (iv) and Defendant No. 11 shall also handover vacant peaceful possession of their respective shares in their possession to Plaintiff No. 2 and 3 at the time of execution and registration of the respective Sale Deeds. The parties hereby agree and confirms that in case of failure of the Plaintiffs No. 2 and 3 to abide by the terms of the present application, the order dated 10/04.2018 and 10/02/2020 shall stand operative as it is and any act done against the terms of the present application shall be termed as the breach of the said orders.”
This is a digitally signed order.
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and 1(iv) and defendant no.11, and defendant no.1(i) and (iv) and defendant no.11 have executed the Sale Deed in favour of the nominee of plaintiff nos.2 and 3 in terms of the Settlement Agreement.
NAVIN CHAWLA, J
AUGUST 14, 2024 /rv/VS
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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 20/08/2024 at 12:55:07
2 issues framed by the court
Whether pending suit for property transfer remains subsisting after parties executed sale deeds and payment of consideration.
Whether court should grant leave to withdraw the suit upon compliance of settlement terms.
UMANG DUA
DHANPAT RAI DUA & ORS
NAVIN CHAWLA
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
