Disposed¶48

Tara Chand Jalan and Anr. v. Suresh Kumar Jalan and Ors.

Consent decree – Order XXIII Rules 3 and 3A read with Section 151 CPC

Delhi HC25 Feb 2026CS(OS)/939/2025

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Case brief

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What is this about?

Delhi High Court, CS(OS) 939/2025, Mini Pushkarna J, 25.02.2026 — Tara Chand Jalan v. Suresh Kumar Jalan — family settlement, consent decree under Order XXIII Rules 3 and 3A read with Section 151 CPC, Memorandum of Family Settlement dated 06.06.2025, Oral Family Settlement dated 30.11.2019, estate of common ancestor, declaration and permanent injunction, refund of full Court Fees, suit disposed of.

What did the court decide?

Suit decreed in terms of the Memorandum of Family Settlement dated 06.06.2025; parties held bound by its terms and barred from raising disputes on settled issues; Registry directed to issue Certificate of Refund of full Court Fees to plaintiffs; suit along with pending applications disposed of. ¶48

Tara Chand Jalan and Anr. Vs Suresh Kumar Jalan and Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a decree should be passed in terms of the Memorandum of Family Settlement dated 06.06.2025 under Order XXIII Rules 3 and 3A read with Section 151 CPC. +2 more

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Court's answer

With the consent of the parties, a consent decree is passed in terms of the Memorandum of Family Settlement dated 06.06.2025.

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Ratio / Principle

The Court is satisfied that the settlement was arrived at between the parties by following due procedure and after meeting the essentials specified in Order XXIII Rule 3 CPC.

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Key takeaways

The parties are bound by the Memorandum of Family Settlement dated 06.06.2025 and none of them shall raise any dispute with respect to the issues settled thereby.ratio¶39
Since the parties have arrived at a settlement and the suit is at a nascent stage, the Registry is directed to issue a Certificate of Refund of full Court Fees in favour of the plaintiffs.ratio¶47

Detailed headnote1 paragraphs

Consent decree — Order XXIII Rules 3 and 3A read with Section 151 CPC — suit between close relatives for declaration and permanent injunction over immovable properties of the estate of their common ancestor — Oral Family Settlement dated 30.11.2019 recorded in Memorandum of Family Settlement dated 06.06.2025 — joint application by plaintiffs and defendants — counsel jointly submitted settlement reached out of free will, without pressure, coercion or duress — Court satisfied settlement followed due procedure and met essentials of Order XXIII Rule 3 CPC — consent decree passed in terms of the Memorandum; parties bound by its terms and barred from raising disputes on settled issues — suit at nascent stage — Registry directed to issue Certificate of Refund of full Court Fees to plaintiffs — suit and pending applications disposed of.

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$~23

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 939/2025, I.A. 32116/2025 & I.A. 5174/2026

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TARA CHAND JALAN AND ANR. .....Plaintiffs Through: Ms. Rachna Agrawal, Adv. Mob: 9899007471 Email: [email protected]

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versus

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SURESH KUMAR JALAN AND ORS. .....Defendants Through: Ms. Vandana Bhatnagar, Adv. Mob: 9910008879 Email: [email protected] m

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 25.02.2026

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CS(OS) 939/2025 & I.A. 5174/2026

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The present is a joint application on behalf of the plaintiffs and the defendants, under Order XXIII Rules 3 and 3A, read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), for passing of a decree on the basis of the Memorandum of Family Settlement dated 06th June, 2025.

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The captioned suit has been filed seeking declaration and permanent th injunction, pursuant to a Memorandum of Family Settlement dated 06 June, 2025, in respect of immovable properties forming part of estate of the common ancestor of the parties.

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It is submitted that since the parties herein are closely related, the matter was discussed between the parties, subsequent to the filing of the present suit and due to intervention of their well-wishers and relatives, the

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Page 1 of 9

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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 09/03/2026 at 11:02:04

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parties agreed to settle the matter in terms of the Oral Family Settlement dated 30^th November, 2019.

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It is, thus, submitted that the matter stands settled by and between the parties on the terms, as were agreed upon on 30th November, 2019 vide the Oral Family Settlement, which have been duly recorded in the Memorandum of Family Settlement dated 06^th June, 2025. The terms of the settlement between the parties, as provided in the present application, are reproduced as under:

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“xxx xxx xxx

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Page 2 of 9

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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 09/03/2026 at 11:02:04

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Page 3 of 9

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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 09/03/2026 at 11:02:04

Page 4 of 9

Page 5 of 9

Page 6 of 9

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xxx xxx xxx”

Learned counsels for the parties jointly submit that the aforesaid settlement has been reached between the parties out of their own free will and without any pressure, coercion or duress.

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The aforesaid statement is taken note of, and the parties are held bound by the same.

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This Court has perused the settlement between the parties, and the Court is satisfied that the same has been arrived at between the parties, by following due procedure and after meeting the essentials as specified in Order XXIII Rule 3 of the CPC.

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Accordingly, with the consent of the parties, a consent decree is hereby passed in terms of the Memorandum of Family Settlement dated 06^th June, 2025, and following directions are issued in this regard:

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I. The parties are hereby held bound by the aforesaid Memorandum of th

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Family Settlement dated 06 June, 2025, and they shall abide by the terms and conditions as set out in the said Settlement.

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II. None of the parties shall raise any dispute with respect to the issues which have been settled by way of the present Memorandum of Family Settlement.

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In view of the aforesaid, the present suit stands decreed in terms of the Memorandum of Family Settlement dated 06^th June, 2025.

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Let the decree sheet be prepared by the Registry, in accordance with the aforesaid consent terms between the parties. Additionally, let the

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Page 8 of 9

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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 09/03/2026 at 11:02:04

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Memorandum of Family Settlement dated 06^th June, 2025, be made part of the decree.

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At this stage, learned counsel appearing for the plaintiffs prays for refund of Court Fees, in view of the settlement arrived at between the parties.

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Considering the fact that the parties have arrived at settlement, and that the present suit is at a nascent stage, the Registry of this Court is directed to issue a Certificate of Refund of full Court Fees in favour of the plaintiffs.

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With the aforesaid directions, the present suit, along with the pending applications, is disposed of.

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MINI PUSHKARNA, J

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FEBRUARY 25, 2026/ SK

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Page 9 of 9

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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 09/03/2026 at 11:02:04

Tara Chand Jalan and Anr. v. Suresh Kumar Jalan and Ors.

Case brief

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Tara Chand Jalan and Anr. v. Suresh Kumar Jalan and Ors.

Case brief

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