In a partition suit, the plaintiff sought division of family properties. During pendency, parties executed release and disclaimer deeds effecting a settlement. The High Court allowed the withdrawal of the suit due to the resolution of disputes.
Suit dismissed as withdrawn; all pending applications disposed of.
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.
$~53
versus
SH SHYAM SUNDER RAHEJA AND ORS ..... Defendants Through: Mr. M. N. Siddiqui Advocate for D- 1 to 7 (M: 9810126707).
CORAM: JUSTICE PRATHIBA M. SINGH O R D E R
% 08.04.2024
I.A. 7900/2024 ( for permission) in CS(OS)-688/2023
CS(OS) 688/2023
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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 10/04/2024 at 12:27:20
expired in the year 1991. Parties to the present suit are as under:-
Plaintiff-
Sh. Amrit Lal Raheja - son
Defendants:-
Sh. Shyam Sunder Raheja -son
Sh. Baldev Raj Raheja- son
Smt. Kamla Devi -w/o Late Shri Manohar Lal Sh.Rajeev Raheja- son of Late Shri Manohar Lal
Sh.Rajesh Raheja- son of Late Shri Manohar Lal
Smt. Rajni- daughter of Late Shri Manohar Lal
Smt. Sushma Virmani- sister
CS(OS) 688/2023
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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 10/04/2024 at 12:27:20
“3. That during pendency of the suit, matter has been settled between the plaintiff and relevant defendants and accordingly two separate registered deeds have been executed by the plaintiff in favour of relevant defendants with respect to the suit properties.
4. That it is submitted that in terms of the settlement, a Release Deed dated 28.2.2024 (registered on 7.3.2024) has been executed by the plaintiff whereby plaintiff has released his claim over the suit property i.e., D-81, Amar Colony, Lajpat Nagar-IV, New Delhi in favour of Defendant Nos. 1 and 2 namely Shri Shyam Sunder Raheja and Shri Baldev Raheja and accordingly plaintiff has handed over his proportional possession of the aforesaid property to Defendant Nos. 1 and 2. Copy of the said Release Deed has already been separately filed on record of this Hon’ble Court vide Diary No. E-1022455/2024.
5. That with respect to the other suit property bearing No. E-316, East of Kailash, New Delhi, the plaintiff along with his wife and daughters has executed a Disclaimer-cum-Declaration Deed dated 28.02.2024 (registered on 05.03.2024) vide which plaintiff has clearly declared that neither he nor his legal heirs including wife and children have any right, share, interest, title or claim over the said property and further acknowledged D-3 Smt. Kamla Devi to be the absolute owner of the same. Copy of the said Disclaimer-cum-Declaration Deed has already been separately filed on record of this Hon’ble Court.”
CS(OS) 688/2023
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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 10/04/2024 at 12:27:20
PRATHIBA M. SINGH, J
APRIL 8, 2024 mr/ks
CS(OS) 688/2023
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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 10/04/2024 at 12:27:20
2 issues framed by the court
Whether the suit for partition should be disposed of given the settlement between parties.
Whether the plaintiff is permitted to withdraw the suit following executed settlement deeds.
Sh Amrit Lal Raheja
Sh Shyam Sunder Raheja
Sh Baldev Raj Raheja
Smt Kamla Devi
Sh Rajeev Raheja
Sh Rajesh Raheja
Prathiba M. Singh
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
