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2022 DAILYLAW 2887 (DEL)

SHEFALI KOHI v. NEENA CHATRATH & ANR.

CS(OS)/307/2022 · 2026-07-10

Subramonium Prasad

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 307/2022 SHEFALI KOHI .....Plaintiff Through: versus NEENA CHATRATH & ANR. .....Defendants Through: Ms. Aakriti Saxena and Mr. Shankar Bairwa, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 10.07.2026 I.A. 16400/2026 1. The present joint Application has been filed on behalf of the Plaintiff seeking withdrawal of the present Suit in terms of the settlement arrived at between the parties vide a Settlement Agreement dated 25.05.2026. 2. The present Suit is one for declaration and partition of the scheduled properties by metes and bounds, rendition of accounts and mesne profits for the scheduled properties left behind by Late Sh. Gurdeep Singh Chatrath, who passed away on 02.07.2000. The Parties to the Suit are legal heirs of Late Sh. Gurdeep Singh Chatrath. 3. It is stated that since the dispute was between the members of the same family, the Parties have entered into a settlement vide the Settlement Agreement dated 25.05.2026 under which the Plaintiff has agreed to accept a sum of Rs.26,00,000/- towards full and final settlement of all her claims. 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 14/07/2026 at 11:23:11 4. This Court has gone through the Settlement Agreement dated 25.05.2026, the terms of which are legal and lawful and a decree can be passed in terms of the said Settlement Agreement. The Settlement Agreement has been signed by all the Parties. 5. The plaintiff is present in Court today. She has been identified by the learned Counsel for the Plaintiff. Plaintiff states that she has read and understood the contents of the Settlement Agreement and that the Settlement Agreement has been entered into without any coercion or under influence. 6. Defendant No.2 is also present in Court today. He has been identified by the learned Counsel for the Defendant. 7. Plaintiff states that she has received the entire sum under the Settlement Agreement. 8. The Parties are bound by the terms contained in the Settlement Agreement. The parties are directed to abide by the Settlement Agreement and not raise any further disputes in implementing the Settlement Agreement. 9. It is made clear that any violation of the Settlement Agreement would be construed as a violation of an undertaking given to the Court. 10. In view of the fact that a settlement has been arrived at between the Parties, the Suit is disposed of as withdrawn in terms of the Settlement Agreement dated 25.05.2026 entered into between the Parties. Pending applications, if any, also stand disposed of. 11. The Parties shall be bound by the terms of the Settlement Agreement dated 25.05.2026. Violation of any of the terms of the Settlement Agreement dated 25.05.2026 shall amount to a breach of the undertaking given to the Court. 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 14/07/2026 at 11:23:11 12. Even though the present Application is for withdrawal of the present Suit in terms of the Settlement Agreement, in view of the fact that the Parties have entered into a settlement and in view of the Judgment passed by the Division Bench of this Court in Nutan Batra v. Buniyaad Associates, 2018 SCC OnLine Del 12916, and the Notification bearing No.F.14(105)/LA-2026/jtsecylaw/359-368 dated 06.03.2026 issued by Department of Law, Justice and Legislative Affairs, GNCTD, this Court is inclined to direct the refund of the entire Court Fees. Let the Court Fee be refunded in accordance with Section 16 of the Court Fees Act, 1870. 13. The application is disposed of in the aforesaid terms. 14. The next date of hearing i.e., 01.09.2026, before the learned Joint Registrar stands cancelled. SUBRAMONIUM PRASAD, J JULY 10, 2026 Rahul 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 14/07/2026 at 11:23:11