CS(OS) 636/2018 Page 1 of 4 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 636/2018 & I.A. 17023/2018 MANOJ DUA & ANR. .....Plaintiffs Through: Mr. Abhinav Humsari, Advocate with Ms. Rita Dua, P-1(a) and Ms. Kanika Dua, P-1(b). versus SMT. KIRAN DUA & ORS. ...Defendants Through: Mr. Sanjiv Bahl, Senior Advocate with Ms. Apoorva bahl and Mr. P. Agarwal, Advocates alongwith defendant in person. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 27.07.2026 I.A. 19541/2026 (U/O XXIII Rule 3) 1. This is an application filed under Order XXIII Rule 3 under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) by the parties. 2. Learned counsel for the parties submit that the preliminary decree was passed on 28.04.2026 following which the present application has been filed. 3. The terms of settlement have been reduced into writing in para 4(a) to para 4(k) of the present application. The properties have been distributed amongst the parties in terms of para 4(d), which are extracted hereunder: “4. The Terms of the settlement are noted hereinbelow: a. That the Defendant No. 6, i.e. the Vinod Kumar (HUF), through its Karta and members, hereby relinquish all their rights, title and interest in Property No. 3, i.e. C-24A, Bungalow Road, Adarsh Nagar, Delhi 110033, in favour of Plaintiff No. l(a) i.e. Mrs. Rita Dua at the instance of Plaintiff No. l(b) to l(d) and the Defendant No. 6 HUF is left with no right, title or interest in respect of the said property. The said decision has been taken by its Karta, Defendant No. 2 herein, in consultation and with consent of all the other coparceners of the Defendant No. 6 HUF and it is confirmed that the said decision is taken in the interest of the HUF and its members. It 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 31/07/2026 at 13:48:47 CS(OS) 636/2018 Page 2 of 4 further confirmed and undertaken that the coparceners of the Defendant No. 6 HUF shall never challenge the said decision in the future. Furthermore, the Plaintiff No. l(b), Plaintiff No. l(c) and Plaintiff No. l(d), their respective share in property No. 3 in favor of their mother i.e. Plaintiff No. l(a). Mrs. Rita Dua. b. The Plaintiffs hereby relinquish all their rights, title and interest in Property No. 1, i.e. B-397 /D, Majlis Park, Gali No.4, Delhi-110033 in favour of the Defendant No. 1, i.e. Mrs. Kiran Dua, at the instance of Defendant No. 2 to 5. and undertake not to claim the same in future. c. The Plaintiffs hereby relinquish all their rights, title and interest in Property No. 2, i.e. A-112, 113 and 114 Majlis Park, A Block, Adarsh Nagar, Delhi-110033 in favour of the Defendant No. 1, i.e. Mrs. Kiran Dua, at the instance of Defendant No. 2 to 5. and undertake not to claim the same in future. d. That as such the three subject properties shall be exclusively owned by the parties in the following manner: S No. Property Address Ownership of the properties post settlement 1. B-397/D, Majlis Park, Gali No.4, Delhi- 110033 Defendant No. 1 (Kiran Dua) 2. A-112, 113 and 114 Majlis Park, A Block, Adarsh Nagar, Delhi-110033 Defendant No. 1 (Kiran Dua) 3. C-24/A Bungalow road, Adarsh Nagar, Delhi 110033 Plaintiff No.1a (Rita Dua) e. That the Defendants have agreed to further pay the Plaintiffs an amount of Rs. 30,00,0000/- and the Plaintiffs have requested the Defendants to pay the said amount in the name of Plaintiff No. l(a) i.e. Rita Dua. Out of the said amount, an amount of Rs. 7,50,000/- has been received by Plaintiff No. l(a) vide demand draft no. 405473 dated 29.05.2026 drawn on Union Bank. The balance amount of Rs. 22,50,000/- has been paid and duly received by Plaintiff No. l(a) by way of demand drafts bearing No. 405504 dated 20.07.2026 drawn on Union Bank for an amount of Rs. 16,50,000 and demand draft bearing No. 835186 drawn on Punjab National Bank dated 20.07.2026 for an amount of Rs. 6,00,000/-. f. That the parties shall jointly bear the expenses towards stamp duty payable for obtaining final decree from the Hon'ble High Court of Delhi in CS(OS) 636/2018. 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 31/07/2026 at 13:48:47 CS(OS) 636/2018 Page 3 of 4 g. That the Plaintiff No. l(a) (Rita Dua) and Defendant No. 1 (Kiran Dua) have become absolute owners of their respective properties as mentioned in clause 4(d) hereinabove and shall be entitled in their absolute discretion including to sell, alienate, reconstruct, rebuild and transfer thereof to any third party. It is further agreed that the parties herein will cooperate with one another in future to facilitate any mutation or execution of any other document/act in order to enjoy their respective titles in relation to their respective properties, at the cost of the beneficiary. h. That the parties represent and warrant to the other that there are no encumbrances of any kind, including any loan from any financial institution against the properties mentioned in paragraph 4(d) hereinabove nor has the same been mortgaged by either party with any institution or person. i. That at the time of passing of the final decree, the Defendants shall hand over the original title documents in respect of Property No. 3 to the Plaintiff No. l(a), Mrs. Rita Dua or Plaintiff No. 1 (b ), Ms. Kanika Dua and handover the possession to Plaintiff No. l(a) on or before 31.08.2026, with a further grace period of 75 days for which the Defendants shall pay to the Plaintiff No. l(a) an amount of Rs. 2,500/- per day. j. That the entire house tax liability, whether past, present or future, in respect of the aforesaid properties will be borne by the parties who are receiving the respective properties under this memorandum. k. Upon passing of the final decree in terms of this Application, all disputes and claims between the parties shall stand fully and finally resolved. Thereafter, neither party shall have any right, title, interest, claim, concern, or relationship of any nature whatsoever with the other party, whether personal, financial, legal, or otherwise, in respect of the subject matter of the present suit, apart from what has been agreed hereinabove.” 4. It is also relevant to extract hereunder para 5 of the said application. The same is extracted hereunder: “5. It is submitted that the terms of settlement have been mutually finalized and accepted by all concerned parties. Henceforth, neither party shall interfere, intervene, or create any obstruction in the affairs, matters, properties, assets, possessions, or rights of the other party, directly or indirectly. Both parties undertake that, in future, they shall not raise any dispute, objection, claim, or interference regarding any movable or immovable property belonging to the other party in respect of the subject matter of the present suit and shall maintain complete peace and non-interference in each other's matters.” 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 31/07/2026 at 13:48:47 CS(OS) 636/2018 Page 4 of 4 5. Learned counsel for the parties state that all the compliances are complete. 6. This Court has perused the terms of settlement as recorded in present application in para 4 and finds them lawful. The same are within the contours of Order XXIII Rule 3, CPC. 7. There does not seem to be any impediment in passing a final decree in terms thereof. The parties shall be bound by the terms of settlement recorded above. 8. The suit is decreed and disposed of alongwith all the pending applications, if any, in terms of prayers of the present application, which is extracted hereunder: “a. Pass a final decree in accordance with the terms and conditions mentioned in paragraph 4 thereby declaring the Plaintiff No. l(a), i.e. Mrs. Rita Dua as the absolute owner of property bearing No. C-24A, Bungalow Road, Adarsh Nagar, Delhi 110033, and declaring Defendant No. 1, i.e. Mrs Kiran Dua to be the absolute owner of properties bearing No. B-397/D, Majlis Park, Gali No.4, Delhi-110033 and A-112, 113 and 114 Majlis Park, A Block, Adarsh Nagar, Delhi- 110033; b. Pass any order as this Hon’ble Court may deem fit” 9. Let a decree sheet be drawn up in terms of aforesaid settlement terms. TUSHAR RAO GEDELA, J JULY 27, 2026 yrj 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 31/07/2026 at 13:48:47