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2019 DAILYLAW 3149 (DEL)

MOONLITE ECUCATION SOCIETY (REGD.) & ANR. v. GUJRANWALA GURUKUL TRUST SOCIETY (REGD)

CS(OS)/108/2019 · 2026-07-23

Subramonium Prasad

body2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 108/2019 & I.A. 19027/2026 MOONLITE EDUCATION SOCIETY (REGD.) & ANR. .....Plaintiffs Through: Mr. Atul Gupta, Adv. versus GUJRANWALA GURUKUL TRUST SOCIETY (REGD) & ORS. .....Defendants Through: Mr. Subhash Garg and Mr. Krishna Pal, Advocates with Mr. Rajat Gupta Karta of HUF for Defendant No.4/Counter Claimant. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 23.07.2026 I.A. 19028/2026 1. This is an Application on behalf of the parties under Order XXIII Rule 3 of the CPC for disposal of the Suit in terms of the Settlement Agreement dated 20.07.2026 [“Settlement Agreement”] entered into between the parties. 2. The instant Suit has been filed with the following prayers:- “(a) Pass a decree of declaration in favour of plaintiffs and against the defendants, thereby declaring the judgment and decree dated 24.08.2015 passed by the Hon'ble Court of Ms.Shama Gupta, Civil Judge-03, Delhi in Suit No. 162/2014 titled as M/s. J.P. Gupta (HUE) Vs. M/s. Gujranwala Gurukul Trust (Regd) is nullity and not binding upon the plaintiffs; 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 27/07/2026 at 15:18:34 (b) Pass a decree of declaration in favour of the plaintiffs and against the defendants, thereby declaring the Sale Deed dated 01.03.2016 to be null and void and not binding upon the plaintiffs and revoke the consequent mutation carried out in favour of defendant No.4; (c) Pass a decree of possession in respect of suit property i.e. land ad measuring 1000 sq. mtrs.(approx.) with construction existing thereon out of Khasra No. 827/424 in the revenue estate of Village Ram Bagh, Delhi, now known as 10, Ram Bagh, Delhi as shown in site plan filed along, in favour of the plaintiff and against the defendants; (d) Pass a decree of permanent injunction thereby restraining the defendant No.4 from creating any third party interest in respect of the suit property; (e) Direct conducting of an inquiry as to the mesne profits from the date of filing of the present suit until the taking over of the possession of the suit property by the plaintiffs and pass a final decree on the basis of the said inquiry and also award costs of the suit in favour of the plaintiff and against the defendants; (f) Pass any other and further orders, as may be deemed just and proper, in the facts and circumstances of the case. ” 3. It is stated that during the pendency of the Suit, the parties have settled their disputes. The Settlement Agreement has been filed along with the present Application and the same is reproduced as under:- 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 27/07/2026 at 15:18:34 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 27/07/2026 at 15:18:34 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 27/07/2026 at 15:18:34 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 27/07/2026 at 15:18:34 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 27/07/2026 at 15:18:34 4. It is stated that pursuant to the Settlement Agreement, a draft of Rs.2,12,85,000/- has been paid by Defendant No.4 to the Plaintiffs No.1 and 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 27/07/2026 at 15:18:34 2 after deducting the TDS applicable. 5. This Court has perused the Settlement Agreement and in the opinion of this Court, the Settlement Agreement is lawful in nature. 6. The instant Application has been signed by the Plaintiffs and the Defendant and also by their respective Advocates. 7. The Plaintiffs and the Defendant/Counter Claimant, are present in Court today. They state that they have entered into a Settlement Agreement with the intervention of elders and well-wishers. They further affirm that they have read and understood the Settlement Agreement and have signed the same without any coercion. The statement recorded of the parties has been separately recorded and they are bound by the Settlement Agreement. 8. The photocopy of the signed pay order, along with the pay order in original, has been handed over to the learned Counsel for the Defendant by learned Counsel for the Plaintiff in Court today. 9. Let the decree sheet be drawn in terms of the Settlement Agreement. 10. In view of the fact that the parties have entered into the Settlement Agreement, they are entitled to the refund of the entire court fees in terms of Section 16 of the Court Fees Act, 1870, on the Suit as well as the Counter Claim, if any. 11. The Suit and the Counter Claim are disposed of in terms of the Settlement Agreement. 12. The next date already fixed before the learned Joint Registrar on 10.08.2026 stands cancelled. SUBRAMONIUM PRASAD, J JULY 23, 2026/hsk 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 27/07/2026 at 15:18:34