$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 103/2025, I.A. 28307/2025 AJAY SETHI .....Petitioner Through: Ms. Anita Sahani, Adv. versus STATE OF NCT OF DELHI AND ORS .....Respondents Through: Ms. Nitika Bhutani, Adv. for R-1. Mr. Saurabh Guha and Mr. Rajasur Vatsa, Adv. for R-3 with R-3 in person. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 13.07.2026 I.A. 10632/2026 1. This application has been filed jointly by the petitioner and the respondents (the Class I heirs of the deceased- Shri Rajinder Kumar Sethi) with the following prayers: “a. pass a final Decree of declaration declaring therein that the petitioner Mr. Ajay Sethi is the absolute and exclusive owner of the property bearing No. A8 Vishal Enclave New Delhi -110027 in terms of the Memorandum of Family Settlement Agreement dated 22.03.2026. b. The respondent No.2 and 3 have no right title or interest in the property bearing no. A8 Vishal Enclave New Delhi -110027. c. That there are no disputes amongst the parties.” 2. It is pleaded in the application that during the pendency of the probate 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 15/07/2026 at 11:56:58 petition, the parties have entered into a family agreement dated 22.03.2026. The prayer is that the petition be converted into a regular suit and after taking settlement agreement on record, the decree be passed in terms thereof. 3. To fortify the contention that the petition can be converted into a regular suit, reliance is placed on the decision of this court in Shri Harinder Singh Kochar Vs. State & Others 2010:DHC:4084 wherein reference to the question that could a petition seeking probate of a will, be treated as an ordinary suit, was answered as under: “A Petition seeking probate of a Will can be treated as an ordinary civil suit by consent of parties. In the event of the parties seeking a probate as one of the reliefs however, the court has to ensure that the formality of providing a will is duly complied with.” 4. Respondent no. 3 is present in court and is identified by the learned counsel for the petitioner. Respondent nos. 2 and the petitioner have joined through V.C. and have been identified by the learned counsel for the respondent no. 3 and the learned counsel for the petitioner. It would be relevant to note that the petitioner is son of the deceased Shri Rajinder Kumar Sethi. 5. On filing of the application, vide order dated 15.05.2026, the parties were directed to appear before the learned Joint Registrar for recording of the statement vis-a-vis the family settlement. The order of the Registrar dated 15.05.2026 is reproduced below: “I.A. 10632/2026 1. The application is filed by the applicant/petitioner under Order 23 and Rule 3 of Code of Civil Procedure, 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 15/07/2026 at 11:56:58 1908 for converting the probate into a suit for declaration. 2. The application is filed on the basis of family settlement dated 22.03.2026 arrived at between the parties out of court. 3. The matter is already fixed before the Joint Registrar on 20.05.2026. 4. Let the Joint Registrar record the statement of parties vis-a-vis the settlement and that there are no other claimants to the property in question. 5. Put up before the Joint Registrar on the date already fixed.” 6. On 20.05.2026, the Joint Registrar passed the following order: “1. It is jointly submitted that the matter has been amicably settled between plaintiff and respondent nos. 2 & 3 vide Memorandum of Family Settlement dated 22.03.2026. 2. Ld. Counsel for petitioner has filed the hard copy of application u/0 XXIII Rule 3 CPC alongwith Memorandum of Family Settlement dated 22.03.2026 and affidavits of all the parties. 3. Statement of petitioner and respondent no. 3 has been recorded in this regard. 4. Respondent no. 2 has appeared through VC and submits that she can't appear physically in the court because of old age. She further submits that she has no objection if the present petition be disposed off in terms of Memorandum of Family Settlement dated 22.03.2026. 5. Re-notify the matter before the Hon'ble Court for further directions on 26th May, 2026.” 7. From reading of the order of the Registrar, it is forthcoming that the family settlement is signed by the parties voluntarily and by free will. The 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 15/07/2026 at 11:56:58 siblings and the mother have amicably resolved the pending disputes. 8. In view of the above factual position and the citation relied upon the petition for probate is converted into ordinary civil suit for declaration as there is no impediment as on date for doing so. 9. The Registry is directed to convert the present petition into a civil suit and to proceed accordingly. 10. The family settlement dated 22.03.2026 is taken on record. The parties shall remain bound by the terms and conditions thereof. The suit is decreed in terms of the settlement agreement dated 22.03.2026 subject to the compliance of procedural requirement of law if any. 11. Let a decree-sheet be drawn up by the Registry accordingly on deposit of requisite payable on the plaint in accordance with law. AVNEESH JHINGAN, J JULY 13, 2026/Pa/ Anjali 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 15/07/2026 at 11:56:58