The Delhi High Court disposed of a suit for specific performance and permanent injunction regarding property shares after the parties settled via mediation. The court decreed the suit based on a settlement agreement and permitted a refund of the court fee.
Suit decreed as per settlement agreement; plaintiffs entitled to refund of court fee.
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.
$~24
RAJESH ANAND & ANR. .....Plaintiffs
Through: Mr. Rishi Kapoor and Ms. Deboleena Dutta, Advs.
versus
SEEMA CHOPRA & ANR. .....Defendants Through: Counsel (appearance not given).
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 18.12.2024
“A. Pass a Decree of Specific performance with respect to the Agreement to Sell dated 06.09.2021 concerning the 3rd Floor of House No. 16/31, East Patel Nagar, New Delhi-110008; and
B. Pass a decree of permanent injunction thereby restraining the Defendants and their agents, servants, assignees, representatives or any other person from transferring the suit property by way of sale, lease, mortgage or to create any third party right, title or interest in whole or part of the suit properties till the adjudication of the present Suit; and
C. Pass an order awarding the cost in favour of the Plaintiff and against the Defendants;”
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 23/12/2024 at 12:09:26
“(a) That the First Party is in exclusive possession of PROPERTY B and Second and Third Floor of garage block of PROPERTY C and have been staying with their family since long.
(b)That the Second Party is in exclusive possession of PROPERTY A and in ground and First floor of garage block of PROPERTY C and have been staying with their family since long.
(c)The Parties have mutually agreed that all the Parties have 1/4th equal share in the abovementioned property jointly.
(d)That the First, Second and Third Party mutually agreed that the First and Second Party shall have their respective share in the abovementioned property which are in their exclusive possession.
(e)That the Third Party shall within 15 days of signing of the present settlement sign and execute relinquishment deed of their respective undivided 1/4th equal share in the abovementioned properties jointly in favour of First and Second Party.
(f) That the First and Second Party shall have withdraw all their objections/suit etc. before the Hon'ble High Court on passing of the consent decree on the basis of the present Settlement Agreement.
(g)That the Third Party shall have no claim, right, title or interest of any kind whatsoever hereinafter in the abovementioned "Subject Property".
(h)The Parties agree and undertake that they have entered into the present Settlement Agreement on their own free will and volition and will abide by the terms and conditions of the present Settlement Agreement.
(i) The Parties agree and undertake that there is no force, fraud, coercion or undue influence on either at the time of entering into and signing of this present Settlement Agreement.
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 23/12/2024 at 12:09:26
(j) The Parties agree and undertake to abide by the terms and conditions of the Settlement Agreement. The Parties shall honestly, diligently and strictly adhere to the terms of this Settlement Agreement and shall not do any act, deed or thing which may have the effect of defeating or negating the terms and conditions of this Settlement Agreement.
(k)The parties agree that they shall appear before the Hon'ble Court during the physical / virtual hearing to make their statements in terms of the present Settlement Agreement.
(l) The Settlement Agreement has been read over and explained to the parties in their vernacular by the mediator and the respective counsel and the parties have agreed and understood the same.”
SWARANA KANTA SHARMA, J
DECEMBER 18, 2024/A
Click here to check corrigendum, if any
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 23/12/2024 at 12:09:26
2 issues framed by the court
Whether the suit for specific performance should be disposed of on the basis of a settlement agreement reached during mediation.
Entitlement of the plaintiff for a refund of the court fee deposited.
Colour shows how this judgement treated each authority
Nutan Batra v. Buniyaad AssociatesReferred¶37
Nutan Batra v. Buniyaad Associates: 2018 SCC OnLine Del 12916 · Who else cites this
1 provisions across 1 enactments
Rajesh Anand & Anr.
Seema Chopra & Anr.
Swarana Kanta Sharma
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
