Disposed¶28

Naresh Kumar Gupta v. Rakesh Kumar Gupta

Delhi HC8 Dec 2025CS(OS)/69/2025

Case brief

AI extract

What is this about?

Partition suit CS(OS) 69/2025, Naresh Kumar Gupta v. Rakesh Kumar Gupta, Delhi High Court, decided 08.12.2025 by Subramonium Prasad, J.; suit disposed of in terms of mediated Settlement Agreement dated 26.09.2025 on joint application I.A. 30546/2025 under Order XXXII Rule 3 CPC; parties bound by settlement; refund of Court Fees under Section 60 of the Court Fees Act, 1870; property no. 106, Defence Enclave, Vikas Marg, Shakarpur, East Delhi, Delhi - 110092; consent/compromise decree; no contested adjudication.

What did the court decide?

Suit disposed of in terms of the Settlement Agreement dated 26.09.2025; Decree Sheet to be prepared accordingly; Plaintiff entitled to refund of Court Fees under Section 60 of the Court Fees Act, 1870. ¶28

Naresh Kumar Gupta Vs Rakesh Kumar Gupta — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether the Suit for partition of property no. 106, Defence Enclave, Vikas Marg, Shakarpur should be disposed of by recording the compromise and passing a decree in terms of the Settlement Agreement dated 26.09.2025. +1 more

¶28

Court's answer

The Court disposed of the Suit in terms of the Settlement Agreement dated 26.09.2025, being satisfied by the application duly signed by the Plaintiff and the Defendant, the affidavits supporting the application, and the identification of the parties who joined through video-conferencing by learned Counsel for the Plaintiff.

¶28

Ratio / Principle

Pending applications, if any, also stand disposed of.

¶28

Key takeaways

The parties, having joined the proceedings through video-conferencing, stated that they had read and understood the Settlement Agreement dated 26.09.2025, agreed to abide by its terms, and that it was entered into without any force or compulsion.ratio¶27
The parties shall be bound by the terms of the Settlement Agreement dated 26.09.2025, and the Decree Sheet is to be prepared accordingly.ratio¶30
Since the parties have settled the matter, the Plaintiff is entitled to refund of Court Fees in terms of Section 60 of the Court Fees Act, 1870.

Detailed headnote1 paragraphs

Delhi High Court (Subramonium Prasad, J.), by order dated 08.12.2025 in CS(OS) 69/2025, disposed of a suit for partition of property no. 106, Defence Enclave, Vikas Marg, Shakarpur, East Delhi, in terms of a Settlement Agreement dated 26.09.2025 arrived at during mediation, on a joint application under Order XXXII Rule 3 of the Code of Civil Procedure, 1908. The parties, appearing through video-conferencing and identified by learned Counsel for the Plaintiff, acknowledged the settlement, agreed to abide by its terms, and confirmed it was entered into without force or compulsion. Both parties were declared bound by the settlement terms, pending applications stood disposed of, and the Plaintiff was held entitled to refund of Court Fees under Section 60 of the Court Fees Act, 1870.

¶1

$~86

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(OS) 69/2025

¶4

NARESH KUMAR GUPTA .....Plaintiff

¶5

Through: Appearance not given

¶6

versus RAKESH KUMAR GUPTA .....Defendant Through: Mr. Shahryar Khan and Mr Anas Khan, Advocates

¶7

CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

¶8

O R D E R % 08.12.2025 I.A. 30546/2025

¶9

The present application under Order XXXII Rule 3 of the Code of Civil Procedure, 1908, has been jointly filed by the parties for recording of compromise and passing of decree in terms of the Settlement Agreement dated 02.09.2025.

¶10

The instant Suit is for a decree of partition of a property bearing no. 106, Defence Enclave, Vikas Marg, Shakarpur, East Delhi, Delhi – 110092. 3. During the pendency of the Suit, the parties were referred to mediation, where parties have settled their disputes vide a Settlement Agreement dated 26.09.2025. The Settlement Agreement dated 26.09.2025 reads as under:

¶11

This is a digitally signed order.

¶12

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 16/12/2025 at 12:41:15

¶13

This is a digitally signed order.

¶14

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 16/12/2025 at 12:41:15

¶15

This is a digitally signed order.

¶16

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 16/12/2025 at 12:41:15

¶17

This is a digitally signed order.

¶18

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 16/12/2025 at 12:41:15

¶19

This is a digitally signed order.

¶20

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 16/12/2025 at 12:41:15

¶21

This is a digitally signed order.

¶22

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 16/12/2025 at 12:41:15

¶23

The present application has been signed by the Plaintiff and the Defendant as well as by their respective Counsels acknowledging the contents of the Settlement Agreement dated 26.09.2025.

¶24

The Plaintiff and Defendant have joined the proceedings today through video-conferencing and state that they have read and understood the

¶25

This is a digitally signed order.

¶26

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 16/12/2025 at 12:41:15

¶27

contents of the Settlement Agreement dated 26.09.2025, they agree to abide by the terms contained therein and that the Settlement Agreement dated 26.09.2025 has been entered into without any force or compulsion.

¶28

In view of the application duly signed by the Plaintiff and the Defendant, the affidavits supporting the Application and in view of the fact that the parties who have joined through the video-conferencing have been identified by the learned Counsel for the Plaintiff, this Court is inclined to dispose of the Suit in terms of the Settlement Agreement dated 26.09.2025. Pending applications, if any, also stand disposed of.

¶29

Let the Decree Sheet be prepared accordingly.

¶30

The parties shall be bound by the terms of the Settlement Agreement dated 26.09.2025.

¶31

Since the parties have settled the matter, the Plaintiff shall be entitled to the refund of Court Fees in terms of Section 60 of the Court Fees Act, 1870.

¶32

SUBRAMONIUM PRASAD, J

¶33

DECEMBER 8, 2025 ss

¶34

This is a digitally signed order.

¶35

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 16/12/2025 at 12:41:15

Naresh Kumar Gupta v. Rakesh Kumar Gupta

Case brief

What is this about?

What did the court decide?

Naresh Kumar Gupta v. Rakesh Kumar Gupta

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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