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2025 DAILYLAW 54705 (DEL)

SMT NEETA GUPTA TIWARI AND ANR v. SHRI SUBHASH CHANDER AND ORS

CS(OS)/106/2016 · 2025-11-21

Subramonium Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(OS) 106/2016 p. 1 $~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 106/2016 & CC 82/2016 SMT NEETA GUPTA TIWARI AND ANR .....Plaintiffs Through: Mr. Arun Wighmal, Ms. Shivangini Gupta and Mr. Prashant Mattoo, Advocates versus SHRI SUBHASH CHANDER AND ORS .....Defendants Through: Mr. Utkarsh, Ms. Anshu Priyanka Advocate and Mr. Abhishek Khare Advocates for D-1A to 1C alongwith Mr. Manish Gupta in person (D-1B). Mr. Shiv K. Tyagi, Advocate for D- 2A to 2C alongwith Defendant No.2A Mr. Prashant Gupta in person. Mr. S. K. Garg, Advocate for D-3A to 3D along with Defendant No.3A Ms. Suman Gupta and Defendant No.3D Mr. Harsh Gupta in person. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 21.11.2025 1. The instant Suit has been filed with the following prayers: “a. Grant a decree declaration thereby declaring that portion of land and building situated at House No. H- 136, Phase-1 Ashok Vihar, Delhi-110052 built on a 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 2 plot measuring 90’X60’ -5400 Sq Ft. and shown with red colour in the plaint map belongs to the Plaintiffs, in favour of the plaintiffs, b. Grant a decree for prohibitory permanent injunction against the defendants restraining them from alienating or transferring the portion of house as shown with the red colour in the plaint map in any manner to any person. c. Grant a decree of mandatory injunction directing the defendants to vacate and handover the actual and physical portion of house as shown with red colour in the plaint map within the time allowed by this Hon'ble Court. d. Award costs of proceedings. e. Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.” 2. During the pendency of the present Suit, the Parties were referred to Delhi High Court Mediation and Conciliation Centre. The Parties have entered into a settlement vide a Settlement Agreement dated 28.07.2025. The Settlement Agreement dated 28.07.2025 reads 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 3 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 4 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 5 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 6 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 7 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 8 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 9 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 10 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 11 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 12 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 13 3. This Court has gone through the Settlement Agreement dated 28.07.2025 which is legal and lawful. 4. The statements of the Parties have already been recorded on 07.11.2025 before the Ld. Joint Registrar (Judicial). 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 26/11/2025 at 11:43:32 CS(OS) 106/2016 p. 14 5. In view of Order XXIII Rule 3 of CPC, the Suit is disposed of in terms of the Settlement Agreement dated 28.07.2025 entered into between the Parties. Pending applications, if any, also stand disposed of. 6. Let Decree Sheet be prepared accordingly. 7. The Parties shall be bound by the terms of the Settlement Agreement. 8. Since the Parties have settled the matter, the Plaintiffs are entitled to the refund of Court Fees under Section 16 of the Court Fees Act, 1870. SUBRAMONIUM PRASAD, J NOVEMBER 21, 2025 S. Zakir 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 26/11/2025 at 11:43:32