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SURESH KUMAR KAIT
Ram Kumar Shokeen – Appellant
Versus
Rajpal Shokeen – Respondent
JUDGMENT
Suresh Kumar Kait, J. - I.A.15848/2021
1. Joint application has been filed on behalf of plaintiff and defendant nos.1 & 2 under Order XXIII Rule 3 read with Section 151 CPC for passing the decree of partition in view of the compromise deed dated 17.11.2021 along with site plans annexed thereto.
2. Learned counsel for the plaintiff submits that the dispute between the parties has been amicably settled and prays that the decree in terms mentioned in compromise deed dated 17.11.2021 with site plans be issued.
3. In view of the submission of counsel for the plaintiff, application is allowed and disposed of.
4. Accordingly, compromise deed dated 17.11.2021 along with site plans be taken on record.
CS(OS) 213/2019
5. The present suit has been filed by the plaintiff seeking partition of immoveable property under the Partition Act, 1893 and permanent injunction under Section 38 of the Specific Relief Act, 1963.
6. The plaintiff and defendants are real brothers and are joint owners of the following suit properties:-
i. The constructed property upon the land admeasuring 927 sq. yds in Khasra No.251-252, Mohalla Pachaya, Near MCD School, Village Chhawla, New Delhi-110071.
ii. The double storey
The central legal point established in the judgment is the validity and binding nature of the compromise deed in settling disputes and passing the decree of partition.
A compromise deed can resolve disputes over joint ownership, and courts will enforce valid agreements between parties.
In partition suits, a compromise among co-owners is valid even in the presence of third-party claims, provided it does not extinguish their rights.
Parties can mutually resolve property disputes through documented settlements, leading to a preliminary partition decree sanctioned by the court.
When they are not shown to be in any manner perverse, illogical and irrational, resultantly, the substantial questions of law formulated are accordingly answered infavour of the plaintiff and against....
The main legal point established in the judgment is the value of family arrangements in resolving disputes and bringing harmony in the family, and the finality of settlements made with the consent of....
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