Extracted from the PDF above. The PDF is authoritative.
CS(OS) 63/2023
$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 63/2023
SHRI SAKET SINGH GHURA
.....Plaintiff Through: Mr. Danish Aftab Chowdhury, Advocate along with plaintiff in person
versus
RITA MADAN AND ANR
.....Defendants Through: Mr. Naunidh S. Arora, Advocate for D-1
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R %
09.04.2025 I.A. 9354/2025 (Joint application under Order XXIII Rule 3 of CPC, for compromise as per the conciliated settlement dated 26.03.2025 entered between the parties)
1. The present application has been filed by the parties jointly under
Order XXIII Rule 3 of Code of Civil Procedure, 1908 (‘CPC’) for seeking disposal of the present suit in terms of the conciliated settlement dated 26.03.2025 (‘Conciliated Settlement’) arrived before the Delhi High Court Mediation and Conciliation Centre. 2. The relevant portion of the said application reads as under:
“4. That the main terms and conditions as per the Settlement Deed dated 26th March, 2025 are as follows:
(i) That the Defendant N0.1 has agreed to pay to the plaintiff a sum of Rs. 75,00,000/- as full and final settlement in respect of the estate of Late Col. M.S. Ghura. It was also agreed by the Plaintiff after 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 16/04/2025 at 12:40:14
CS(OS) 63/2023
receiving the amount of Rs. 75,00,000/-, he relinquishes all his claims, rights, title and interest in the estate of Late Col M.S. Ghura. (ii) That the Plaintiff shall not challenge the contents of the Will in question of Late Col. M.S. Ghura
5. That the Plaintiff and Defendants No. 1 undertake to abide by all the clauses/terms/obligations as stipulated in the Settlement dated 26th March, 2025 and further undertake to act in good faith in pursuance of the said Settlement. 6. That the Plaintiff and Defendant No. 1 represent that the present Settlement has been arrived at between the said Parties without any undue influence or pressure, coercion and duress and the same has been arrived of their own free will, consent and after fully understanding the implications of having arrived at the said Settlement dated 26th March, 2025 and hence the same shall be binding upon the said Parties. 7. In terms of the said Memorandum of Settlement there remains no claims or disputes between the parties. 8. That in consideration of the mutual understanding set forth herein which has been arrived at between the Plaintiff and the Defendants No. 1, the said parties pray that the present suit be disposed of in terms of the said Conciliated Settlement dated 26th March, 2025, which is annexed as Document No. 1.”
3. Plaintiff is present in Court and is identified by the counsel. 4.
Learned counsels for the parties confirm that Defendant No.1 has handed over to the Plaintiff during the course of the hearing a Demand Draft for a sum of Rs. 75 Lakhs as agreed in the conciliated settlement. 5.
Learned counsel for the Plaintiff states that in view of the conciliated settlement, the plaintiff is unequivocally withdrawing all his challenges vis- à-vis the Gift Deed dated 20.06.2022 as well as the Will dated 25.04.2012 registered on 07.06.2012. He states that plaintiff accepts the validity of the said Gift Deed and the said Will.
5.1. He states that the Plaintiff confirms that Defendant No.1 is the sole and absolute owner of the subject property.
6. This Court has perused the terms and conditions of the conciliated 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 16/04/2025 at 12:40:14
CS(OS) 63/2023
settlement and is satisfied that the conciliated settlement is lawful. The said settlement is taken on record and the present application is accordingly,
disposed of.
CS(OS) 63/2023
7. The parties state that they do not seek a decree in these proceedings. The said statement is taken on record.
8. The suit is accordingly disposed of in terms of the conciliated settlement.
9. All pending applications shall stand disposed of.
10. All further dates of hearing in the suit are hereby cancelled and interim order, if any, stands vacated.
MANMEET PRITAM SINGH ARORA, J APRIL 9, 2025/rhc/sk
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 16/04/2025 at 12:40:14