Mrs Kulan Rukhsana Amin & Ors. Vs Gaurang Kanth & Anr. — Delhi HC (2025) — LawSathi Research

Mrs Kulan Rukhsana Amin & Ors. Vs Gaurang Kanth & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed in accordance with the Settlement Agreement dated 01.08.2025, which forms part of the decree and binds the parties thereto; Registry directed to draw up the decree sheet.

Issue for consideration

Whether the joint application (I.A. 21961/2025) of the Plaintiffs and Defendants No. 1 and 2 under Order XXIII Rule 3 CPC seeking recording of the settlement arrived at between the parties should be allowed. +1 more

Court's answer

The court perused the terms of the settlement and, finding them lawful, allowed the application recording the settlement between the Plaintiffs and Defendants No. 1 and 2.

Ratio / Principle

In light of the settlement arrived at between the parties, the suit is decreed, and the Settlement Agreement shall form part of the decree and bind the parties thereto.

Key takeaways

The suit stands disposed of along with the pending applications.ratio¶22

Detailed headnote1 paragraphs

High Court of Delhi (CS(OS) 81/2016, decided 04.09.2025 by Hon'ble Ms. Justice Jyoti Singh): On a joint application by the Plaintiffs and Defendants No. 1 and 2 under Order XXIII Rule 3 CPC (I.A. 21961/2025), the court recorded the amicable settlement reached with the intervention of well wishers, embodied in a Settlement Agreement signed on 01.08.2025 and supported by a Special Power of Attorney dated 25.07.2025 executed by Defendant No. 1 in favour of Defendant No. 2. Finding the terms of settlement lawful, the court allowed the application, decreed the suit (originally for declaration, possession and injunction over 360 sq. yards in Khasra No. 138, property No. 268, Naseem Bagh, Jamia Nagar, New Delhi, involving sale deeds dated 04.11.1999 and 26.03.2021), held the Settlement Agreement to form part of the decree binding the parties thereto, directed the Registry to draw up the decree sheet, and disposed of the suit along with pending applications (I.As. 7771/2021 and 12346/2021), cancelling the date fixed for 04.11.2025.

$~76

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CS(OS) 81/2016

MRS KULAN RUKHSANA AMIN & ORS .....Plaintiffs Through: Ms. Sumita Hazarika, Ms. Kalpana K. Tripathy, Mr. Mayank Yadav and Mr. Prakhar Gupta, Advocates.

versus

GAURANG KANTH & ORS. .....Defendants Through: Mr. Madan Lal Sharma and Ms. Shivani, Advocates for D-1 and D-2. Mr. Dhruv Bhagat, Advocate for D-3 to D-5.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 04.09.2025

I.A. 21961/2025

This application is filed on behalf of Plaintiffs and Defendants No. 1 and 2 under Order XXIII Rule 3 CPC for recording the settlement arrived at between the parties.

Present suit was instituted by the Plaintiffs for declaration, possession and injunction against the Defendants in respect of property measuring 360 sq. yards in Khasra No. 138 of property bearing No. 268, Naseem Bagh, Jamia Nagar, New Delhi. Pursuant to Defendants No. 1 and 2 executing a Sale Deed dated 26.03.2021 with Defendants No. 3 to 5 basis an earlier Sale Deed dated 04.11.1999, Defendants No. 3 to 5 were made parties in the suit. 3. It is stated in the application that with the intervention of well wishers, Plaintiffs and Defendants No. 1 and 2/contesting Defendants have

CS(OS) 81/2016 Page 1 of 2

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 20/09/2025 at 12:34:24

amicably resolved all their disputes and Settlement Agreement incorporating the terms of settlement has been executed and signed on 01.08.2025, copy of which has been placed on record along with Special Power of Attorney dated 25.07.2025 executed by Defendant No. 1 in favour of Defendant No. 2. Application is signed by the parties and supported by their affidavits.

Court has perused the terms of settlement and finds the same to be lawful. Accordingly, application is allowed recording the settlement between the parties.

Application stands disposed of.

CS(OS) 81/2016 & I.As. 7771/2021 & 12346/2021

In light of the settlement arrived at between the parties, the suit is decreed. The Settlement Agreement shall form part of the decree and bind the parties thereto.

Registry is directed to draw up the decree sheet.

Suit stands disposed of along with pending applications.

Date of 04.11.2025 stands cancelled.

JYOTI SINGH, J

SEPTEMBER 4, 2025/shivam

CS(OS) 81/2016 Page 2 of 2

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 20/09/2025 at 12:34:24