Disposed¶23

Dr Jiwan Lal Mittal v. Mrs Asha Rani and Ors.

Delhi HC9 Sept 2025CS(OS)/905/2024

Case brief

AI extract

What is this about?

Consent decree; compromise decree of partition; settlement agreement dated 21.07.2025; Order XXIII, Rule 3 essentials (lawful, written, signed); voluntary settlement without coercion; decree sheet; settlement forms part of decree; disposal of pending applications; CS(OS) 905/2024; High Court of Delhi; Purushaindra Kumar Kaurav, J.; order dated 09.09.2025.

What did the court decide?

Consent decree passed in terms of the settlement agreement dated 21.07.2025 (compromise decree of partition); settlement agreement to form part of the decree; Registry directed to draw up the decree sheet; suit and pending applications disposed of. ¶23

Dr Jiwan Lal Mittal Vs Mrs Asha Rani and Ors. — Delhi HC (2025) — LawSathi Research

¶1

$~O-38

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 905/2024

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DR JIWAN LAL MITTAL .....Plaintiff

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Through: Ms. Suubhi Dewan, Adv along with plaintiff in person.

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versus

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MRS ASHA RANI AND ORS .....Defendants Through: Mr. Rohit Gupta, Adv along with Smt. Suchi Gupta, D-3 in person (Thr. VC).

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CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

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O R D E R % 09.09.2025

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I.A 22214/2025 (FOR PREPONEMENT OF HEARING)

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For the reasons stated in the application, the matter itself is taken up for hearing.

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The instant application stands disposed of.

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I.A 22213/2025 (BY ALL PARTIES- PASSING OF COMPROMISE DECREE OF PARTITION IN TERMS OF SETTLEMENT DT. 21.07.2025)

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The instant application has been filed jointly by the parties seeking a consent decree in terms of the settlement arrived at among them vide the settlement agreement dated 21.07.2025.

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For the reasons stated in the application, the same is allowed.

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CS(OS) 905/2024 and I.A. 45250/2024, I.A. 19759/2025, I.A 20147/2025

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This is a digitally signed order.

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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 12/09/2025 at 12:23:15

¶19

The parties are present along with their respective counsel. They submit that they have amicably resolved the dispute by way of the settlement agreement dated 21.07.2025. The same is on record.

¶20

Order XXIII, Rule 3 authorises the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that the settlement arrived at should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing, and (iii) it is duly signed by the parties arriving at the compromise.

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The settlement has been agreed upon without fear or coercion, and the parties appear to have entered into the settlement agreement on their own volition.

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The Court is satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified Order XXIII, Rule 3. Therefore, the parties shall be bound by the aforesaid settlement agreement.

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In view of the aforesaid, the civil suit stands decreed in terms of the settlement agreement.

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The Registry is directed to draw-up a decree sheet. Let the settlement agreement to also form part of the decree.

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The civil suit along with the pending applications stands disposed of.

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PURUSHAINDRA KUMAR KAURAV, J

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SEPTEMBER 9, 2025/ aks/sp

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This is a digitally signed order.

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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 12/09/2025 at 12:23:15

Dr Jiwan Lal Mittal v. Mrs Asha Rani and Ors.

Case brief

What is this about?

What did the court decide?

Dr Jiwan Lal Mittal v. Mrs Asha Rani and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Parties & counsel

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