Usha Bhatt Vs Dada Dev Mandir Prabandhak Sabha — Delhi HC (2025) — LawSathi Research

Usha Bhatt Vs Dada Dev Mandir Prabandhak Sabha — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of on acceptance of the compromise: appellant to hand over physical vacant possession on or before 30.04.2025; respondent to waive all charges beyond the Rs. 2,44,400/- already deposited towards damages/use and occupation charges (up to the date of handing over possession) and to withdraw that amount from the Trial Court; appellant to clear electricity and other charges.

Issue for consideration

Whether the compromise settlement executed between the appellant and the respondent should be accepted and recorded pursuant to Order 23 Rule 3 and Section 151 CPC, with the appeal disposed of accordingly.

Court's answer

The settlement dated 19.02.2025 filed under Order 23 Rule 3 CPC, duly signed by the appellant and accompanied by an affidavit, is accepted by the Court.

Ratio / Principle

Both parties are held bound by the accepted settlement.

Key takeaways

Under the accepted settlement, the appellant undertook to maintain the present office for about 02 months (to inform customers of the new address for the Indane LPG Gas business) and to hand over physical vacant possession to the respondent on or before 30.04.2025.ratio¶16
In view of the submissions, the present appeal along with the pending application stands disposed of.ratio¶18

Detailed headnote1 paragraphs

Delhi High Court | RSA 153/2022, CM APPL. 52596/2022 | Usha Bhatt v. Dada Dev Mandir Prabandhak Sabha | Order of Dinesh Kumar Sharma, J., dated 05.03.2025: Compromise application under Order 23 Rule 3 and Section 151 CPC dated 19.02.2025, signed by the appellant and supported by affidavit, accepted; both parties held bound by the settlement. Appellant (shifting to alternate accommodation; business related to Indane LPG Gas) undertook to maintain the premises for about 02 months to inform customers and to hand over physical vacant possession to the respondent on or before 30.04.2025. Respondent agreed to waive all charges beyond the Rs. 2,44,400/- already deposited towards damages/use and occupation charges (deposit made in the Court of ADJ-02, South West, Dwarka Courts) up to the date of handing over possession, and to withdraw that amount from the Trial Court; appellant to clear electricity and other charges. Decree under challenge: RCA Civil ADJ No. 137/2019 (ADJ-02, Dwarka Courts). Appeal and pending applications disposed of.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- RSA 153/2022, CM APPL. 52596/2022

USHA BHATT .....Appellant

Through: Mr. Jatin Tyagi, Mr. Rajat Aneja, Advs.

versus

DADA DEV MANDIR PRABANDHAK SABHA .....Respondent Through: Mr. S.C. Singhal, Ms. Ramika Munjal, Mr. Saideep Kaushik, Advs.

CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R % 05.03.2025

RSA 153/2022 & CM APPL. 13243/2025

The present application has been filed under Order 23 Rule 3 and Section 151 CPC for recording the compromise.

Both the learned counsels submits that the appellant has arranged for an alternate accommodation and almost shifted to the new accommodation and as such does not want to proceed with the present appeal. The appellant has agreed to not challenge the impugned decree passed by Ld. Additional District Judge-02, Dwarka Courts, New Delhi in RCA Civil ADJ No. 137/2019 titled Usha Bhatt vs. Dada Dev Mandir Prabhandak Sabha (Barah Gaon).

Learned counsel for the appellant submits on instructions that since the business conducted related the Indane LPG Gas, appellant is required to

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 10/03/2025 at 12:25:30

inform properly, to all its customers of the new address and for that purpose, appellant is required to maintain the present office for a period of about 02 months and as such undertake to handover physical vacant possession to the respondent on or before 30.04.2025. It has further been stated in the application that the appellant has already deposited a sum of Rs.2,44,400/towards damages/use and occupation charges in the Court of Additional District Judge-02, South West, Dwarka Courts, New Delhi and undertaken to clear electricity and other charges. The respondent has agreed to waive off all charges beyond the amount so deposited (Rs. 2,44,400/-) upto the date of handing over the possession by the appellant i.e. 30.04.2025.

It has been agreed that the respondent will withdraw this amount from the Ld. Trial Court. The application is duly accompanied with an affidavit. The settlement as mentioned in the application filed under Order 23 Rule 3 CPC dated 19.02.2025 duly signed by the appellant and accompanied with an affidavit is accepted. Both the parties are held bound by the settlement.

In view of the submissions, the present appeal along with pending application stands disposed of.

DINESH KUMAR SHARMA, J

MARCH 5, 2025/AR/KR/vm..

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 10/03/2025 at 12:25:30