Christopher Phoenix Vs M/S Aar Pee Apartments Pvt. Ltd. & Anr. — Delhi HC (2026) — LawSathi Research

Christopher Phoenix Vs M/S Aar Pee Apartments Pvt. Ltd. & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application for withdrawal and the appeal disposed of by taking the MoU dated 30.05.2026 on record; decree dated 06.07.2024 (CS(COMM) 139/2023) for possession and injunction modified in terms of the MoU; decree sheet to be prepared in terms of the MoU; pending applications disposed of; date fixed for 23.07.2026 cancelled.

Issue for consideration

Whether the appellant's application (CM APPL. 40309/2026) to withdraw RFA(COMM) 477/2024 as compromised, pursuant to the MoU dated 30.05.2026 between the parties, should be allowed and the appeal disposed of accordingly. +1 more

Court's answer

The appeal is disposed of by taking on record the MoU dated 30.05.2026 between the parties.

Ratio / Principle

The decree dated 06.07.2024 passed in CS(COMM) 139/2023 is modified in terms of the MoU dated 30.05.2026.

Key takeaways

The decree sheet is to be prepared in terms of the MoU dated 30.05.2026.ratio¶23

Detailed headnote1 paragraphs

High Court of Delhi (V. KAMESWAR RAO and MANMEET PRITAM SINGH ARORA, JJ.), RFA(COMM) 477/2024 — Christopher Phoenix v. M/S Aar Pee Apartments Pvt. Ltd & Anr., order dated 03.07.2026. On the appellant's application CM APPL. 40309/2026 to withdraw the appeal as compromised pursuant to an MoU dated 30.05.2026 executed between the parties, under which the Appellant paid a further Rs. 5 lakhs and the Respondent agreed to recognise the Appellant as sole owner of the leasehold rights as per the agreement dated 19.11.1976, stating it is left with no rights in the suit premises and acknowledging the Appellant's absolute rights to possession and ownership of leasehold rights, the Court took the MoU on record, disposed of the appeal, and modified the Trial Court decree dated 06.07.2024 passed in CS(COMM) 139/2023 (decree of possession and decree for injunction in favour of the Respondent and against the Appellant) in terms of the MoU; directed that the decree sheet be prepared in terms of the MoU; disposed of pending applications; and cancelled the date already fixed, i.e., 23.07.2026.

$~5

IN THE HIGH COURT OF DELHI AT NEW DELHI

- RFA(COMM) 477/2024

CHRISTOPHER PHOENIX .....APPELLANT

Through: Mr. Sachin Bandooni, Adv.

versus

M/S AAR PEE APARTMENTS PVT. LTD & ANR.

.....RESPONDENTS Through: Mr. Sagar Aggarwal. Adv.

CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGPH ARORA

O R D E R % 03.07.2026

RFA(COMM) 477/2024 CM APPL. 40309/2026 (For withdrawal of the appeal)

This is an application filed by the appellant herein with the following

prayer:-

“In view of the above submissions, and terms as outlined above, it is most respectfully prayed that this Hon’ble court may kindly be pleased to allow the present application to withdraw the said RFA (Comm) 477 of 2024, as compromised. It is prayed accordingly.”

Our attention has been drawn to the Memorandum of Understanding (“MoU”) dated 30.05.2026 executed between the appellant and the respondent through its Director. The application is also duly signed by the parties and their respective counsels and is duly supported by their

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 13/07/2026 at 15:46:02

affidavits.

The Trial Court vide impugned judgment and decree dated 06.07.2024 had passed a decree of possession in respect of the suit premises in favour of the Respondent and against the Appellant. The Trial Court also issued a decree for injunction in favour of the Respondent and against the Appellant.

However, in the MoU parties have arrived at a settlement whereunder, Appellant has paid a further sum of Rs. 5 lakhs to the Respondent and accordingly, Respondent has agreed to recognise the Appellant as the sole owner of the leasehold rights as per the agreement dated 19.11.1976 with respect to the suit premises. The detailed terms and conditions are set out in the MoU. The Respondent has agreed that it is left with no rights in the suit premises and it acknowledges the Appellant’s absolute rights to possession and ownership of leasehold rights in the suit premises.

Though, the prayer in this application is for withdrawing the RFA as compromised, the learned counsel for the parties state that in view of the MoU entered between the parties, the impugned decree is to be modified in terms of the said MoU.

A perusal of the terms of the MoU shows that the Respondent has agreed to have the decree dated 06.07.2024 for possession and injunction modified in light of the consideration received.

We, accordingly, dispose of this appeal by taking on record the MoU dated 30.05.2026. We modify the decree dated 06.07.2024 passed in CS(COMM) 139/2023 in terms of the MoU dated 30.05.2026. 8. Let the decree sheet be prepared in terms of the MoU dated 30.05.2026.

With the aforesaid directions, the application as well as the appeal is

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 13/07/2026 at 15:46:02

disposed of.

Pending applications are disposed of.

The date already fixed i.e., 23.07.2026 stands cancelled.

V. KAMESWAR RAO, J

MANMEET PRITAM SINGH ARORA, J

JULY 3, 2026 /rk

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 13/07/2026 at 15:46:02