Disposed

Sachin Atreja and Anr. v. Surinder Kumar Chhabra and Ors.

Delhi HC8 May 2024CS(OS)/531/2023

Case brief

AI extract

What is this about?

Parties to a suit over property settled their disputes by Memorandum of Settlement dated 24.04.2024 filed under Order XXIII Rule 3 CPC. The court decreed the suit in terms of the Memorandum, cancelled further hearing dates, and directed return of court fees per the Court Fees Act.

What did the court decide?

Suit decreed in terms of Memorandum of Settlement dated 24.04.2024; court fees to be returned to plaintiffs.

Sachin Atreja and Anr. Vs Surinder Kumar Chhabra and Ors. — Property and Title | Delhi HC (2024)

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 531/2023 & I.A. 16543/2023

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SACHIN ATREJA AND ANR ..... Plaintiffs

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Through: Mr. S.S. Rana, Mr. P.S. Anroop, Mr. Sarthak Manu and Mr. Virendra Singh, Advocates.

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versus

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SURINDER KUMAR CHHABRA AND ORS ..... Defendants

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Through: Mr. Nitesh Tyagi, Mr. Jugal Bagga, Ms. Prachi Gupta, Ms. Priyanka Tyagi, Advocates for all defendants with D-3 in person.

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CORAM:

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HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R

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% 08.05.2024

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I.A. _______/2024 (to be numbered) (Diary No. 1378675/2024)

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Further to the order dated 25.04.2024, learned counsel for the parties state that they have filed an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, under Diary No. 1378675/2024 and additional documents vide Diary No. 1378717/2024. Although the application and documents are not on record, copies of the same have been handed up in Court and are taken on record. The Registry is directed to number the application.

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Learned counsel for all the parties are present. The application is

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Page 1 of 3

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CS(OS) 531/2023

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This is a digitally signed order.

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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 10/05/2024 at 11:43:32

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taken up for hearing with the consent of the parties.

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In the application, it has been stated that parties have settled their grievances in respect of the suit property, by way of a Memorandum of Settlement [“Memorandum”] dated 24.04.2024. The parties seek a decree in terms of the said Memorandum. A copy of the Memorandum has also been placed on record with the additional documents.

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Both the plaintiffs and the three defendants – Mr. Surinder Kumar Chhabra, Mr. Praveen Kumar Chhabra and Mr. Inder Pal Chhabra, are parties to the Memorandum. The Memorandum has been signed by one Mr. Harish Kumar Ahuja as a constituted attorney of both the plaintiffs, and by the three defendants. A copy of the special power of attorney, executed in favour of the plaintiffs’ signatory, has also been placed on record. The application has also been signed by the constituted attorney of the plaintiffs and by the defendants, as well as by learned counsel on both sides. It is supported by affidavit of the signatories.

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Having regard to the aforesaid, there does not appear to be any impediment in grant of decree in terms of the Memorandum. The application is, therefore, allowed and CS(OS) 531/2023 is decreed in terms of the Memorandum of Settlement dated 24.04.2024 [Document A of the additional documents filed vide Diary No.1378717/2024]. Decree sheet be prepared accordingly. The Memorandum will form part of the decree.

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All further dates of hearing in the suit are cancelled.

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As the parties have settled their disputes amicably, the Registry is directed to return the court fees to the plaintiffs, having regard to Sections 16 and 16A of the Court Fees Act, 1870, and the judgment of the

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Page 2 of 3

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CS(OS) 531/2023

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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 10/05/2024 at 11:43:32

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Supreme Court in High Court of Judicature at Madras v. M.C. Subramaniam & Ors [(2021) 3 SCC 560].

PRATEEK JALAN, J

MAY 8, 2024 SS/

Page 3 of 3

CS(OS) 531/2023

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Sachin Atreja and Anr. v. Surinder Kumar Chhabra and Ors.

Case brief

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Sachin Atreja and Anr. v. Surinder Kumar Chhabra and Ors.

Case brief

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