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2026 DAILYLAW 20279 (DEL)

MRS. NEETU SRIVASTAVA @ SONIAA SRIVASTAVA v. SH. JITENDER SRIVASTAV & ANR.

CS(OS)/617/2023 · 2026-09-28

Tushar Rao Gedela

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010632662023 + CS(OS) 617/2023, I.A. 19662/2023 & I.A. 33294/2024 MRS. NEETU SRIVASTAVA @ SONIAA SRIVASTAVA .....Plaintiff Through: Ms. Ananya Bhattacharya, Ms. Prerna Jain and Ms. Rubeka Daniel, Advocates alongwith plaintiff in person (through VC) versus SH. JITENDER SRIVASTAV & ANR. .....Defendants Through: Mr. Sachin Yadav and Mr. Rayyan Muzeeb, Advocates for D-1 alongwith D-1 in person (through VC). CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 28.09.2026 1. Ms. Ananya Bhattacharya, learned counsel appearing for the plaintiff states that the defendant no.2 was proceeded ex-parte as far back as on 25.11.2024. She states that in the meanwhile, the parties have resolved their disputes under the aegis of the Delhi High Court Mediation & Conciliation Centre and have reduced the terms of settlement into writing vide the Settlement Agreement dated 16.09.2026. 2. She states that though the parties to the agreement are plaintiff and defendant no.1, however, the interest and share of the defendant no.2, though proceeded ex-parte, have also been taken note of under the said agreement. I.A. 26989/2026 (U/o XXIII Rule 3 r/w Section 151 of CPC) 3. This is an application jointly filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, seeking directions to pass 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 01/10/2026 at 11:30:42 Compromise Decree in terms of the Settlement Agreement dated 16.09.2026. 4. The Settlement Agreement has been filed and appended to the present application. Learned counsel for the plaintiff states that certain compliances, in respect of paragraph nos.3, 4, 6, 7 & 8 are required to be completed within a particular period of time as encapsulated therein. Thus, the said paragraphs are extracted hereunder for clarity: “3. That in the event the said Shop No. 62 is sold within the stipulated period of twelve (12) months, then all three properties, namely (i) Shop No. 62, Kingsway Camp, Delhi (62 sq. yard), (ii) Property No. 343, Block AG Shalimar Bagh, Delhi (36 sq. Meter), and (iii) Property No. 344, Block AG Shalimar Bagh, Delhi (36 sq. Meter), shall be sold collectively under the supervision and through the process of a Local Commissioner to be appointed by the Hon'ble High Court of Delhi in the disposed-off suit. The parties further agree that the aforesaid period of twelve (12) months may be extended by mutual consent in writing. 4. It is hereby expressly agreed between the Parties that the sale consideration of the following immovable properties, namely: (i) Shop No. 62, Kingsway Camp, Delhi, admeasuring 62 sq. yards; (ii) Property No. 343, Block AG, Shalimar Bagh, Delhi, admeasuring 36 sq. meters; and (iii) Property No. 344, Block AG, Shalimar Bagh, Delhi, admeasuring 36 sq. meters, shall be reckoned strictly on the basis of the prevailing market value at the relevant time of sale. It is further expressly declared that under no circumstances shall the valuation of Shop No.62, Kingsway Camp, Delhi be taken to be less than Rs. 5,00,00,000/- (Rupees Five Crores only), and likewise, the valuation of each of the aforesaid Shalimar Bagh properties shall not be taken to be less than Rs. 1,50,00,000/- (Rupees One Crore Fifty Lakhs only). The Parties unequivocally agree that such valuations shall the binding basis for computation, adjustment,· and satisfaction of the all the parties thereby crystallizing and protecting the Plaintiffs and defendant lawful share in monetary terms. 5. x x x x x x 6. It is agreed between the Parties that Property No.343, Block AG, Shalimar Bagh, Delhi and Property No. 344, Block AG, Shalimar Bagh, are the self-acquired property of the father of the parties. The market value of each of the said properties shall be determined in accordance with Clause 5, provided that the valuation of each property shall not be less than Rs. 1,50,00,000/- (Rupees One Crore Fifty Lakhs Only). Upon such valuation, the value of the Plaintiffs one-third (1/3rd) share in the said properties shall be computed, and the equivalent amount shall be adjusted and paid to the Plaintiff out of the Defendants' respective shares in the sale proceeds of Shop No. 62, Kingsway Camp, Delhi. 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 01/10/2026 at 11:30:42 7. It is expressly agreed that the aforesaid adjustment shall be in addition to, and shall not in any manner effect or diminish, the Plaintiff’s independent one-third (1/3rd) share in the sale proceeds of Shop No.62, Kingsway Camp, Delhi, to which she shall remain separately and independently entitled. Upon receipt of the adjusted amount as stated in Clause 6, the Plaintiff shall have no further right, title, or interest in Property Nos.343 and 344, Block AG, Shalimar Bagh, Delhi, which shall thereafter exclusively vest in the Defendants. 8. Accordingly, the Plaintiff shall be entitled to receive her one-third share in Shop No.62, Kingsway Camp plus the equivalent value of her share in Property Nos.343 & 344, Block AG Shalimar Bagh, by way of deduction from the Defendants’ portions.” 5. The parties shall remain bound by the terms of the Settlement Agreement including defendant no.2 who has been proceeded ex-parte. 6. According to the learned counsel for the parties, the approximate time that the compliances may require, at the outer limit of, about one year from date. The said aspect is noted. 7. In terms of the aforesaid Settlement Agreement, let a decree sheet be drawn. 8. The suit is decreed and disposed of in terms of the Settlement Agreement dated 16.09.2026. 9. The parties shall file the compliance affidavit, post the compliances required in the aforesaid clauses noted in the order above, within two weeks of such compliance. 10. The Court fees be refunded to the plaintiff under Section 16 of the Court Fees (Delhi Amendment) Act, 2026 upon completion of all the formalities, as per rules. TUSHAR RAO GEDELA, J SEPTEMBER 28, 2026 kct 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 01/10/2026 at 11:30:42