Suit concerning a shop was settled amicably between the parties, who agreed to be joint owners to the extent of 25% each and to run the business jointly with equal sharing of income and expenses. The court recorded the settlement dated 24.07.2025, decreed the suit in its terms, and disposed of the suit along with the pending application.
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MOHD FAROOQ AND ANR .....Plaintiffs
Through: Ms. Poorna and Mohd. Amaan, Advs.
versus
MOHD RASHID AND ANR .....Defendants Through: Mohd. Qasim, Adv. for D-1.
CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 11.08.2025
2. That all the parties shall hereafter be referred to as
PARTY NO.3 (MS. MUMTAZ JAHAN W/O LATE SH. MOHD. QASIM) PARTY NO.4 (MOHD. RASHID)
And shall include their Legal Representatives and Assignees
3. That the disputes have been settled by the parties on the following terms and conditions:
That it has been agreed that all the parties including Plaintiffs and Defendants are joint owners and in possession of the Suit shop alongwith other facilities/availabilities appurtenant thereto to the extent of 25% (1/4th ) each.
That none of the parties shall claim exclusive ownership of the above shop. That it has been agreed that, Mohd. Hashim, Mohd. Farooq and Mohd.
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 18/08/2025 at 12:19:09
Rashid shall run their business on the said shop jointly and collectively. That income from the business which will be run on the precincts of the shop shall be equally divided in four shares which will be monthly. That the entire daily sale/profit shall be collected and shall remain in the custody of the accountant/staff who will keep the amount in locker/safe/galla. Daily Account shall be maintained and shall be signed by all the parties or their representatives. And above collection shall be equally distributed amongst all the shareholders at the end of every month. That all the expenses towards property tax, electricity bill, water bill, repair and maintenance of the shop or any other expenses shall be paid by all the co-owners equally. These charges will have priority and precedent and will be deducted before the distribution of share amongst the parties. That if any of the co-owners is not satisfied or he wants to leave the shop, he/she shall be at liberty to sell his share in the Subject Shop. However, he will not be entitled to give possession of any portion of the shop to the vendee. However, the vendee will step into the shoes of the outgoing coowner and will have air the rights title and interest which the outgoing coowner/vendor had in the subject shop.
That it is also settled that if there arises any dispute amongst co-owners and is not solved then the property shall be divided/partitioned into four shares by metes and bounds or in the alternative purchasing other's share or further in the alternative to sell in the shop and equally distribute the sale proceeds.
4. That the above settlement has been made by the parties voluntarii ,: and on their own volition and without any coercion or influence from any comer whatsoever.
5. That all the parties undertake to abide by all the terms and conditions mentioned herein above.
6. The settlement has been executed in the presence of the following witnesses”
URUSHAINDRA KUMAR KAURAV, J
AUGUST 11, 2025/P/MJ
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 18/08/2025 at 12:19:09
1 issue framed by the court
Whether the suit could be decreed in terms of the parties' amicable settlement dated 24.07.2025 regarding joint ownership and running of the suit shop?
Mohd Farooq
Mohd Rashid
Purushaindra Kumar Kaurav
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
