Dalip Khosla Vs State and Ors. — Delhi HC (2025) — LawSathi Research

Dalip Khosla Vs State and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of in terms of the settlement (Memorandum of Understanding dated 6th February 2025) between the petitioner and respondent nos.3-6; decree to be drawn up in terms of the settlement; parties to abide by and expeditiously comply with its terms, with liberty to approach the Court in the event of non-compliance; pending applications disposed of as infructuous.

Issue for consideration

Whether the petition could be disposed of in terms of the settlement arrived at between the parties (Memorandum of Understanding dated 6th February 2025), the Court satisfying itself as to the lawfulness of the settlement.

Court's answer

The Court perused the settlement and found it to be lawful and acceptable.

Ratio / Principle

The petition is disposed of in terms of the settlement arrived at between the parties.

Key takeaways

A decree is to be drawn up in terms of the settlement arrived at between the parties.ratio¶¶21
The parties shall abide by the terms of the settlement; compliances under the settlement are to be completed on an expeditious basis, and in the event of non-compliance the parties are at liberty to approach the Court.ratio¶¶23
Pending applications, if any, stand disposed of as infructuous.ratio

Detailed headnote1 paragraphs

Delhi High Court (Anish Dayal, J), Order dated 11.02.2025 — Testamentary case TEST.CAS. 6/2023, Dalip Khosla v. State & Ors, concerning the estate of Late Shri Inder Kumar Khosla, disposed of in terms of a settlement reached vide Memorandum of Understanding dated 6th February 2025 between the petitioner and respondent nos.3-6, pursuant to their joint application I.A. 3587/2025 under Order XXIII Rule 3 CPC. The Court perused the settlement, found it lawful and acceptable, directed that a decree be drawn up in its terms, that the parties abide by it and complete compliances expeditiously (with liberty to approach the Court on non-compliance), and disposed of pending applications as infructuous. Executor Sanjiv Mishra signed and confirmed the settlement in Court; co-executor Maneesh Uppal (respondent no.2) never appeared since commencement; both had been trustees of Inder Khosla Trust, dissolved by Dissolution Deed dated 31st January 2025 signed also by third trustee Ms. Sangeeta Mishra. No precedent engaged; no statutory interpretation beyond the consensual-disposal mechanism under Order XXIII Rule 3 CPC.

$~41

IN THE HIGH COURT OF DELHI AT NEW DELHI

- TEST.CAS. 6/2023 I.A. 2347/2023

DALIP KHOSLA .....Petitioner

Through: Appearance not given.

versus

STATE AND ORS .....Respondent Through: Ms. Ruksana, Ms. Kashvi Dutta, Advocates for R-4 & 5. Mr. Rudra Dutta, Mr. Anuj Mishra, Advocates for R-6.

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R % 11.02.2025

I.A. 3587/2025 (Application under Order XXIII Rule 3 CPC)

This application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, has been moved jointly by the petitioner and respondent nos.3-6 to dispose of the petition in terms of the settlement arrived at between the parties vide Memorandum of Understanding dated 6^th February 2025. 2. The application is supported by affidavits of petitioner and respondent nos.3-6. The agreement has also been signed by the parties who settled the matter between themselves in relation to the estate of Late Shri Inder Kumar Khosla .

The Will appointed two executors, Mr. Sanjiv Mishra and Mr. Maneesh Uppal .

Mr. Sanjiv Mishra has signed the settlement and is also present in the

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 15/02/2025 at 12:10:10

Court to confirm the same. Mr. Maneesh Uppal was arrayed as respondent no.2 in the said petition; however, he has not appeared in the proceedings ever since commencement.

Both Mr. Sanjiv Mishra and Mr. Maneesh Uppal were trustees in the deed of Inder Khosla Trust , which has since been dissolved by the Dissolution Deed dated 31^st January 2025 duly signed by Mr. Sanjiv Mishra , Mr. Maneesh Uppal and the third trustee, Ms. Sangeeta Mishra . A copy of the said has been handed up in Court.

Respondent nos.3-6 are also present in Court and confirm the terms of the settlement.

Petitioner’s Power of Attorney is also present in Court.

Considering the above settlement, the petition is disposed of in terms of the settlement arrived at between the parties.

Decree be drawn up in terms of the settlement arrived at between the parties.

Parties shall abide by the terms of the settlement. The Court has perused settlement and finds it to be lawful and acceptable.

Compliances under the settlement shall be done by the parties on an expeditious basis. In the event of non-compliance of the said order, the parties are at liberty to approach the Court.

Petition is disposed of. Pending application, if any, also stands disposed of as infructuous.

Order be uploaded on the website of this Court.

ANISH DAYAL, J

FEBRUARY 11, 2025/ ak/tk

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 15/02/2025 at 12:10:10