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C. HARI SHANKAR
Sangeeta Bahl – Appellant
Versus
Surindra Mahajan – Respondent
JUDGMENT
C. Hari Shankar, J. - The disputes between the parties stand settled and IA 10794/2021 has been filed under Order XXXIII Rule 3 of the Code of Civil Procedure, 1908.
2. The terms of settlement, as enumerated in para 5 of the application, read thus:
"5. That now this settlement is being recorded between the parties hereto as under:
A. The parties hereto confirm and declare that they have voluntarily and of their own free will and volition and without any pressure or coercion from any corner whatsoever arrived at the settlement (Memorandum of Understanding) (for 'Short "MOU").
B. That it has been decided between the parties herein that, Defendant no. 2 undertakes to sell the property no. B-127, Nirman Vihar, Delhi-110092 (immovable property in question) in open market, within a period of eighteen (18) months from the date of recording of statement of the settlement before this Hon'ble Court and further undertakes to pay to the Plaintiff and the Defendant No. 3 their respective share stated herein below, out of the sale of referred immovable property in question. It has been further agreed between the parties that without going into the merits of the case the Defendant No. 2 shal
Courts will decree suits in accordance with settlement agreements reached by the parties.
A voluntary settlement agreement between parties in a civil suit that clarifies property sale terms and releases further claims is enforceable and binding.
Enforcement of settlement agreements in property disputes.
Settlement agreements under Section 89 CPC must be honored if they meet legal requirements.
The court has the discretion to permit parties to settle their disputes in the interest of justice, and a compromise/settlement agreement can be allowed if found to be legal.
The court upheld the legality of a settlement agreement between parties in a civil dispute, allowing the appeal to be resolved without further litigation.
A settlement agreement under Order XXIII Rule 3 CPC is binding when entered voluntarily without coercion, leading to the disposal of the suit based on mutual acknowledgments of rights.
Settlement agreements reached through mediation are binding and enforceable, with clear obligations for parties regarding cooperation and compliance to terms without oral alterations.
A settlement deed executed without authority by a deceased father, having only limited rights over property, is null and void, confirming equal shares for all heirs under the Hindu Succession Act.
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