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2011 DAILYLAW 1197 (DEL)

KRISHNA KUMARI v. RAKESH SINGH

CS(OS)/3052/2011 · 2026-05-26

Avneesh Jhingan

body2011

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~107 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3052/2011 KRISHNA KUMARI .....Plaintiff Through: Ms. Gopa Biswas, Adv. versus RAKESH SINGH .....Defendant Through: Ms. Vatsala Chauhan, Adv. with defendant in person. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 26.05.2026 I.A. 15130/2026 1. This is a joint application filed under Order XXIII Rule 3, Code of Civil Procedure, 1908 for disposal of the suit in terms of the settlement arrived at between the parties. 2. The suit was filed seeking the following directions:- “a). To pass a decree for partition of the property by metes and bounds in favour of the plaintiff and the defendant thereby determining the 50% share of the plaintiff in the suit property along with other movable properties in Schedule "A & B" as Annexed as per share of the parties ; b) To give a decree/direction be passed against the defendant to furnish the rendition of accounts of the properties both moveable and immovable. c) A Preliminary decree thereby a decree of declaration be passed in favour of the plaintiff and the plaintiff be declared owner of 50% share in the property no Flat no 20/565 DDA flats Madangir, New Delhi 110062 along with other movable properties in the interest of justice. 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 29/05/2026 at 12:44:52 d) To appoint a commissioner to partition the suit property by metes and bounds in terms of preliminary decree in the present case and direct the commissioner to submit the report thereof, also direct the commissioner to submit a report both on moveable and immovable property before this Hon'ble Court. e) The Hon'ble Court may kindly pass a final decree on the reports of the commissioner in the facts and circumstances of the case in the interest of justice. f) To pass a decree of permanent Injunction in favour of the plaintiff and against the defendant thereby restraining the defendant, their employees, agents representatives, assignees & attorneys etc from in any manner selling, transferring, alienating, disposing, creating any charge or parting with possession of the said suit property no Flat no 20/565 DDA flats Madangir, New Delhi 110062 and other movable properties. g) Cost of the suit and “ 3. The parties present in court identified by the respective learned counsel contend that the matter has been settled as per the terms and conditions in paragraph no.3 of the joint application which is as under and the suit be disposed of accordingly. “3. That the terms of the settlement arrived at between the parties are as follows: a. the Defendant/Applicant No.2, Sh. Rakesh Singh, shall pay a sum of Rs.85,00,000/- (Rupees Eighty-five Lakhs only) to the Plaintiff/Applicant No.1, Smt. Krishna Kumari, in full and final settlement of all her claims in respect of the suit properties; and b. upon receipt of the aforesaid amount, the Plaintiff/Applicant No. 1 shall not make any further claim, demand, or entitlement of any nature whatsoever in respect of the suit properties or any properties left behind by the deceased parents of the parties. c. That in terms of the settlement reached, the Defendant shall pay the sum of Rs. 85,00,000/- by way of a demand draft to the Plaintiff which shall be handed over to her before the Hon‟ble High Court of Delhi on 21.05.2026, i.e., the date of 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 29/05/2026 at 12:44:52 hearing fixed before this Hon‟ble Court.” 4. In view of the above settlement, the application is allowed. CS(OS) 3052/2011 5. Learned counsel for defendant has handed over a demand draft of Rs.85,00,000/- to the plaintiff and the photocopy of DD is taken on record. 6. In view of the above, the suit is disposed of in terms of the settlement arrived at between the parties. 7. The next date of hearing in the suit stands cancelled. AVNEESH JHINGAN, J MAY 26, 2026 Ch 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 29/05/2026 at 12:44:52