Surender Kumar Gupta v. Shyam Sunder Gupta & Anr.
Case brief
What is this about?
Regular Second Appeal RSA 189/2019, High Court of Delhi, disposed of in terms of Memorandum of Family Settlement dated 28.04.2025 recorded under Order XXIII Rule 3 CPC; advancement application under S. 151 CPC allowed; parties: Surender Kumar Gupta (appellant) v. Shyam Sunder Gupta & Anr. (respondents); advocates: Abhishek Kaushik (appellant), Athul Joseph and Muskan Shalya (respondents); prior proceedings: order dated 15.01.2019 by learned ADJ, Tis Hazari District Courts, Delhi in RC No. 06/2019 and judgment/decree dated 13.12.2018 in Suit No. 815/2014 (Old)/No. 97185/2016 (New), both modified per settlement; compromise/family-settlement disposal; possession of suit property handed over to appellant; respondent No.2 deceased; bench: Justice Anup Jairam Bhambhani; decision date 16.05.2025.
What did the court decide?
Appeal disposed of in terms of the compromise entered into between the parties as comprised in Memorandum of Family Settlement dated 28.04.2025; parties bound by the settlement terms; order dated 15.01.2019 (learned ADJ, Tis Hazari District Courts, Delhi, RC No. 06/2019) and judgment and decree dated 13.12.2018 (Suit No. 815/2014 (Old)/No. 97185/2016 (New)) stand modified per the settlement terms; pending applications disposed of; hearing date of 08.08.2025 cancelled. The court recorded that pursuant to the settlement respondent No.1 had already handed over possession of the suit property to the appellant and the compromise has been acted upon; respondent No.2, wife of respondent No.1, has since passed away.