Subhash Dawar v. Kailash Dawar
Case brief
What is this about?
In a suit for partition of property in New Delhi, the Delhi High Court, after the parties settled differences via mediation, recorded a detailed settlement agreement demarcating specific portions of the property and ordered a final decree accordingly, disposing of the suit.
What did the court decide?
Final Decree of Partition passed in terms of the Settlement Agreement dated 07.11.2024, defining exclusive and common shares of the suit property.
What the court decided
A compact analysis
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.
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CS(OS) 286/2019 & I.A. 156/2020, I.A. 638/2020, I.A. 155/2024, I.A. 14257/2022, I.A. 1500/2024 SUBHASH DAWAR .....Plaintiff
Through: Mr. Rakesh Mittal, Mrs. Yamini Mittal, Mr. Ajay Harshana and Ms. Gauri Kanodia, Advocates with Plaintiff in-person versus
KAILASH DAWAR .....Defendant Through: Mr. Anuj Rajput, Advocate with Defendant in-person.
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 20.11.2024
- The instant suit is one for partition of property bearing No. 147, Sunder Nagar, New Delhi-110003 by metes and bounds demarcating Plaintiff’s 50% share in the suit property.
- The matter was sent to mediation and after a lot of efforts, finally a settlement agreement dated 07.11.2024 has been entered into between the parties.
- Under the settlement agreement, the parties have decided to apportion the property in terms of the settlement agreement. The settlement agreement dated 07.11.2024 reads as under:-
Issues for consideration
2 issues framed by the court
Whether a settlement agreement entered into during mediation regarding the partition of joint family property should be enforced.
Whether the Court can pass a final decree of partition strictly in terms of a mutually acceptable settlement agreement.
Coram
Subramonium Prasad
Case details
As recorded by the court registry
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