Disposed

Manjari Agrawal & Ors. v. Brajendra Kumar Agrawal & Ors.

Delhi HC3 Feb 2026CS(OS)/458/2019

Case brief

AI extract

What is this about?

Partition suit for injunction, rendition of accounts and mesne profits disposed of in terms of a mediated settlement: Defendants No.1 to 3 to pay Rs.2.35 crores each to Plaintiffs and Defendant No.4; court fees refunded; non-payment treated as breach of undertaking.

What did the court decide?

Suit decreed in terms of settlement dated 05.01.2026; Rs.2.35 crore payments; refund of court fees granted.

Manjari Agrawal & Ors. Vs Brajendra Kumar Agrawal & Ors. — Partition | Delhi HC (2026)

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$~12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 458/2019 & CC 35/2019, I.A. 12284/2019, I.A. 6790/2020, I.A. 6792/2020, I.A. 13486/2021, I.A. 17386/2022, I.A. 17387/2022, I.A. 20037/2022, I.A. 11722/2023, I.A. 11723/2023, I.A. 30364/2024, I.A. 7412/2025, I.A. 2969/2026, I.A. 2976/2026

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MANJARI AGRAWAL & ORS. .....Plaintiffs

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Through: Mr. Bharat Gupta, Mr. Vishesh Chauhan and Mr. Ishan Srivastava, Advs.

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versus

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BRAJENDRA KUMAR AGRAWAL & ORS. .....Defendants Through: Mr. Shailender Dahiya Adv for Defendants No.1, 2 & 3. Mr. Tarang Gupta, Advocate along with Defendant No.4.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 03.02.2026 I.A. 2969/2026 & I.A. 2676/2026

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I.A. 2969/2026 has been jointly filed by the Parties under Order XXIII Rule 3 of CPC, for disposing of the Suit in terms of the settlement arrived at between the parties vide a Settlement Agreement dated 05.01.2026.

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I.A. 2676/2026 has been filed by the Plaintiffs under Section 16 of the Court Fees Act, 1870 seeking refund of court fees.

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The instant Suit is one for injunction, partition, rendition of accounts and mesne profits.

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During the pendency of the present Suit, the Parties were referred to Delhi High Court Mediation and Conciliation Centre and the Parties have

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Page 1 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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entered into the Settlement Agreement dated 05.01.2026, which reads as under:

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Page 2 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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This is a digitally signed order.

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Page 3 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

¶29

This is a digitally signed order.

¶30

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 07/02/2026 at 12:39:03

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Page 4 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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Page 5 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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Page 6 of 29

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CS(OS) 458/2019

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This is a digitally signed order.

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Page 7 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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This is a digitally signed order.

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Page 8 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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This is a digitally signed order.

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Page 9 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

¶53

This is a digitally signed order.

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Page 10 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

¶57

This is a digitally signed order.

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Page 11 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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Page 12 of 29

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This is a digitally signed order.

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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Page 13 of 29

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This is a digitally signed order.

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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Page 14 of 29

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This is a digitally signed order.

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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Page 15 of 29

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This is a digitally signed order.

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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This is a digitally signed order.

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Page 16 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

¶81

This is a digitally signed order.

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Page 17 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

¶85

This is a digitally signed order.

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Page 18 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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Page 19 of 29

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This is a digitally signed order.

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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Page 20 of 29

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This is a digitally signed order.

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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Page 21 of 29

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This is a digitally signed order.

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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This is a digitally signed order.

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Page 22 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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Page 23 of 29

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This is a digitally signed order.

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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This is a digitally signed order.

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Page 24 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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This is a digitally signed order.

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Page 25 of 29

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CS(OS) 458/2019

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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 07/02/2026 at 12:39:03

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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 07/02/2026 at 12:39:03

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Page 26 of 29

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CS(OS) 458/2019

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Page 27 of 29

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CS(OS) 458/2019

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A perusal of the Settlement Agreement indicates that the Plaintiffs and Defendants have jointly agreed that Defendants No.1 to 3, jointly and severally, shall pay the Settlement Amount of Rs.2,35,00,000/- (Rupees Two Crores Thirty-Five Lacs Only) to Plaintiffs jointly and an amount of Rs.2,35,00,000/- (Rupees Two Crores Thirty-Five Lacs Only) to Defendant No.4. The manner of payment has also been captured in the Settlement Agreement.

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Affidavits have also been filed by all the Parties stating that they have

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CS(OS) 458/2019

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Page 28 of 29

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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 07/02/2026 at 12:39:03

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entered into the Settlement Agreement and have understood the contents of the Settlement Agreement. The Settlement Agreement also contains signatures of all the Parties/representatives. This Court has gone through the Settlement Agreement dated 05.01.2026, terms of which are legal and lawful.

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In view of the fact that settlement has been arrived at between the Parties, the Suit is disposed of in terms of Order XXIII Rule 3 of the CPC and the Settlement Agreement dated 05.01.2026 entered into between the Parties. Pending applications, if any, also stand disposed of.

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Let the Decree Sheet be prepared accordingly.

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The Parties shall be bound by the terms of the Settlement Agreement dated 05.01.2026.

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Since the Parties have entered into the settlement, the Plaintiffs are entitled to refund of Court Fees. Let the Court Fees be refunded. 11. Failure of Defendant Nos.1 to 3 to make payments will not drive the Plaintiffs to avail the remedy under Order XXI of CPC but shall be seen as a violation of the undertaking given to the Court.

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In terms of Prayer (d) of I.A. 2969/2026, the share of amount of Plaintiff No.3 be paid by Defendant Nos.1 to 3 to Plaintiff No.1, who is the mother of Plantiff No.3.

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The applications are disposed of in the aforesaid terms.

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SUBRAMONIUM PRASAD, J

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FEBRUARY 03, 2026 S. Zakir

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Page 29 of 29

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CS(OS) 458/2019

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Manjari Agrawal & Ors. v. Brajendra Kumar Agrawal & Ors.

Case brief

What is this about?

What did the court decide?

Manjari Agrawal & Ors. v. Brajendra Kumar Agrawal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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