Master Devansh & Ors. Vs Smt. Santosh Devi & Ors. — Delhi HC (2025) — LawSathi Research

Master Devansh & Ors. Vs Smt. Santosh Devi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit CS(OS) 731/2022 decreed in terms of the Settlement Agreement dated 20th September, 2025; decree sheet to be drawn up with the compromise application and Settlement Agreement forming part of the decree; defendants to hand over vacant and peaceful possession of the second suit property (Plot No.2/1, Khasra No.23/9, Baljeet Vihar, Nithari, Delhi, admeasuring 133 sq. yds.) to the plaintiffs on 10th November, 2025, as recorded in court.

Issue for consideration

Whether plaintiff no.3, mother of minor plaintiffs no.1 and 2, should be granted leave under Order XXXII Rule 7 CPC to enter into an agreement on behalf of the minors. +1 more

Court's answer

Leave granted to plaintiff no.3 to enter into an agreement on behalf of minor plaintiffs no.1 and 2; I.A. 24590/2025 allowed (application unopposed by the defendants).

Ratio / Principle

The terms of the Settlement Agreement dated 20th September, 2025 were examined and found to be lawful.

Key takeaways

The parties shall remain bound by the terms of the Settlement Agreement.ratio¶22
In view of the order in I.A. 24589/2025, the suit is decreed in terms of the settlement arrived at; decree sheet to be drawn up, with the compromise application and the Settlement Agreement forming part of the decree.ratio¶26
The defendants' statement (through counsel, on instructions, defendants physically present in Court) that vacant and peaceful possession of the second suit property, i.e., Plot No.2/1, Khasra No.23/9, Baljeet Vihar, Nithari, Delhi, admeasuring 133 sq. yds., shall be handed over to the plaintiffs on 10th November, 2025, was taken on record and the defendants were held bound by it.

Detailed headnote1 paragraphs

Delhi High Court (Amit Bansal, J., 14.10.2025) decreed CS(OS) 731/2022 in terms of a Settlement Agreement dated 20th September, 2025 under Order XXIII Rules 1 and 3 CPC. By I.A. 24590/2025, leave was granted under Order XXXII Rule 7 CPC to plaintiff no.3, mother of minor plaintiffs no.1 and 2, to enter into the agreement on their behalf; the application was unopposed. The joint compromise application I.A. 24589/2025, signed by the parties and counsel and supported by affidavits, was examined, found lawful, and allowed; the parties were declared bound by the Settlement Agreement and the suit was decreed accordingly, with the application and Settlement Agreement to form part of the decree. Counsel for the defendants, on instructions, stated that vacant and peaceful possession of the second suit property (Plot No.2/1, Khasra No.23/9, Baljeet Vihar, Nithari, Delhi, admeasuring 133 sq. yds.) would be handed over to the plaintiffs on 10th November, 2025; the statement was taken on record and the defendants bound by it.

$~34

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. 24589/2025 & I.A. 24590/2025 IN

CS(OS) 731/2022

MASTER DEVANSH & ORS. .....Plaintiffs Through: Ms. Shalini Kapoor, Mr. Ashok Kumar, Mr. Surjeet Singh Badhan, Ms. Divyanshi Saxena and Mr. Udit Bhatiani, Advocates

versus

SMT. SANTOSH DEVI & ORS. .....Defendants Through: Mr. Shailesh Kumar, Advocate for D-1, D-2 and D-3

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R % 14.10.2025

I.A. 24590/2025 (filed by the plaintiff no.3 seeking permission to settle the suit on behalf of plaintiffs no.1 and 2)

The present application has been filed by the plaintiff no.3 under Order XXXII Rule 7 of the Code of Civil Procedure, 1908 (‘CPC’) seeking leave of the Court to enter into an agreement on behalf of the plaintiffs no. 1 and 2. This application is supported by affidavit of the plaintiff no.3. To be noted, the plaintiff no.3 is the mother of plaintiffs no.1 and 2, who are minor.

Counsel for the defendants does not oppose this application.

Page 1 of 3

CS(OS) 731/2022

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 17/10/2025 at 12:00:19

Accordingly, the present application is allowed.

I.A. 24589/2025 (under Order XXIII Rule 1 and 3, CPC)

This is a joint application filed under Order XXIII Rules 1 and 3 of CPC for recording of compromise among the parties.

The application bears the signatures of the plaintiffs and the defendants and their respective counsel and is supported by affidavits of the plaintiffs as well as the defendants.

Along with the application, parties have filed a Settlement Agreement dated 20^th September, 2025 (hereinafter ‘Settlement Agreement’).

I have gone through the terms of the Settlement Agreement and find the same to be lawful.

The parties shall remain bound by the terms of the Settlement Agreement.

The application stands disposed of.

Parties are permitted to file the original physical copy of the aforesaid application along with the Memorandum of Understanding.

CS(OS) 731/2022

In view of the order passed above in I.A. 24589/2025, the present suit is decreed in terms of the settlement arrived at in the present suit.

Let decree sheet be drawn up accordingly. The aforesaid application along with the Settlement Agreement shall form part of the decree.

Counsel for the defendants, on instructions from the defendants, who are physically present in Court, submits that the vacant and peaceful possession of second suit property i.e., Plot No.2/1, Khasra No.23/9, Baljeet Vihar, Nithari, Delhi, admeasuring 133 sq. yds. shall be handed over to the plaintiffs on 10^th November, 2025.

Page 2 of 3

CS(OS) 731/2022

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 17/10/2025 at 12:00:19

13.1. The statement is taken on record and the defendants shall be bound by the same.

AMIT BANSAL, J

OCTOBER 14, 2025 ds

Page 3 of 3

CS(OS) 731/2022

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 17/10/2025 at 12:00:19