Back
C. HARI SHANKAR
Soni Dave – Appellant
Versus
Rajinder Singh Mangat – Respondent
JUDGMENT
C Hari Shankar, J. - All seven defendants, as per the amended memo of parties dated 5th November, 2019, are represented today by learned Counsel. This matter was referred to mediation under the aegis of the Delhi High Court Mediation & Conciliation Centre.
2. The dispute between the parties has been settled, and a settlement agreement dated 6th January, 2021, has been received from the Delhi High Court Mediation & Conciliation Centre. The terms of settlement, as contained in the said settlement agreement, are reproduced hereunder:
"1) That it is agreed between the parties that the parties are the co-owners/co-lessees of the suit property in the following ratio
i) Plaintiff /First Party 1/5th i.e. 20%
ii) Defendant No 1/Second Party 1/5th i.e. 20%
iii) Defendant No 2/Third Party 1/10th i.e. 10%
iv) Defendant No 3/Fourth Party 1/10th i.e. 10%
v) Defendant No 4/Fifth Party 1/10th i.e. 10%
vi) Defendant No 5/Sixth Party 1/10thi.e 10%
vii) Defendant No 6/Seventh Party - 1/10thi.e 10%
viii) Defendant No 7/Eighth Party - 1/10thi.e 10%
2) That the parties agree that the suit property cannot be divided by metes and bounds. The parties have decided and agreed that the suit Property shall be s
Enforcement of settlement agreements in property disputes.
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 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.
Courts will decree suits in accordance with settlement agreements reached by the parties.
The court affirmed the binding nature of mediation agreements under Section 89 of CPC, encouraging amicable settlement of family disputes over property rights.
The court upheld the legality of a settlement agreement between parties in a civil dispute, allowing the appeal to be resolved without further litigation.
The court recognized and enforced a settlement agreement reached through mediation, affirming its validity and establishing property division post intestate succession.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
