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2025 DAILYLAW 10452 (DEL)

ARTI LUNIYA & ANR. v. AJAY CHAND DADWAL

CS(OS)/108/2025 · 2025-03-19

Purushaindra Kumar Kaurav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~O-52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 108/2025 ARTI LUNIYA & ANR. .....Plaintiffs Through: Mr. Dinesh Garg and Ms. Rachna Agarwal, Advs. versus AJAY CHAND DADWAL .....Defendant Through: Ms. Vandana Bhatnagar, Adv. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 19.03.2025 I.A. 6653/2025 (Joint application under Order XXIII Rule 3 and 3A read with Section 151 of CPC, 1908) 1. It is submitted by the learned counsel for the parties that the matter has been settled, and the terms of settlement have been recorded vide Memorandum of Family Settlement dated 04.03.2024. 2. Moreover, Order XXIII, Rule 3 authorises the Court to pass a decree based on a compromise wherein the parties to the dispute have reached a settlement. The provision stipulates that the settlement must satisfy the following conditions: (i) the compromise is lawful, (ii) it is reduced in writing and (iii) it is duly signed by the parties arriving at the compromise. 3. The settlement has been reached voluntarily, without coercion or undue influence, and the parties have entered into the agreement of their own free will. 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 24/03/2025 at 14:34:23 4. All the parties are present in the Court, and their identities have been verified by their respective learned counsels. 5. The Court is satisfied that the settlement has been duly executed in accordance with Order XXIII, Rule 3. Accordingly, the parties shall be bound by the terms of the settlement agreement. 6. In view of the aforesaid, the civil suit stands decreed in terms of the settlement agreement and document No. A, B and C of the application. 7. The Registry is directed to draw-up a decree sheet. 8. The civil suit, along with all the pending applications stands disposed of. 9. Learned counsel for the plaintiff prays that, since the suit is at its initial stage and even written statement had not been filed, the entire court fee may be refunded. PURUSHAINDRA KUMAR KAURAV, J MARCH 19, 2025/DPA/ Click here to check corrigendum, if any 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 24/03/2025 at 14:34:23