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TUSHAR RAO GEDELA
Beena Saraf – Appellant
Versus
Sonam Saraf – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 7280/2023
1. This is an application under Order XXIII Rule 1 read with Section 151 of CPC, 1908 seeking withdrawal of the captioned petition.
2. Mr. Lalit Gupta, learned counsel appears on behalf of the petitioners and submits that the parties have settled their disputes vide the mediation process conducted by Delhi Mediation Centre, Tis Hazari Courts, Delhi and the true copy of mediation settlement dated 08.06.2022 is placed at page No.10 of the instant application.
3. The aforesaid application is supported by affidavits of Ms. Beena Saraf and Ms. Pragati Saraf, both dated 09.02.2023.
4. In view of the aforesaid mediation settlement duly supported by affidavits, the application seeking withdrawal is allowed and stands disposed of.
CM(M) 778/2019 & CM APP No. 23712/2019
5. The petition is dismissed as withdrawn.
6. Date already fixed, i.e. 22.02.2023 stands cancelled.
The court can allow withdrawal of a petition based on a mediation settlement under Order XXIII Rule 1 read with Section 151 of CPC, 1908.
The existence of a settlement agreement can lead to the disposal of a petition.
Parties to a settlement agreement cannot retract from its terms once they have signed it voluntarily and affirmed it before the court.
Court recognizes settlement through mediation, allowing withdrawal of appeal when terms are complied with.
An appellate court may allow the withdrawal of an appeal when the parties have entered into a valid compromise agreement in collateral proceedings, confirming such settlement through official court r....
The court affirmed that amicable settlements between parties can lead to the withdrawal of appeals and nullification of prior orders in custody disputes.
The court can grant permission to withdraw an appeal if a settlement has been reached between the parties.
Settlement agreement leads to dismissal of trademark infringement case without costs.
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