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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Sh Sri Chand – Appellant
Versus
Sh Tirath Raj Vashisht & Anr. – Respondents
RFA 263 of 2013 & CM APPL. 20753 of 2023, RFA 267/2013 & CM APPL. 20881/2023
Decided On : 26-04-2023
Settlement Agreement - Property Dispute - CPC 151 - Summary of Acts and Sections: The court discussed the Settlement Agreement dated 21.03.2023 and directed the parties to honor its terms. The site plan forming part of the settlement was also noted to be binding. The applications under Section 151 CPC for preponement and for recording the statement of parties in terms of mediation settlement were allowed. The appeals were disposed of in terms of the Settlement Agreement dated 21.03.2023.
Fact of the Case:
The parties had amicably resolved their property disputes through mediation and entered into a Settlement Agreement. The court directed the parties to honor the terms of the settlement and allowed the applications for preponement and recording of statements.
Finding of the Court:
The court found that the parties had settled their disputes through mediation and confirmed that the settlement agreement was entered into by the parties of their own free will and desire.
Issues: The main issue was the settlement of property disputes between the parties.
Ratio Decidendi: The court's decision was based on the Settlement Agreement dated 21.03.2023 and the parties' confirmation of entering into the settlement agreement voluntarily.
Final Decision: The applications for preponement and recording of statements were allowed, and the appeals were disposed of in terms of the Settlement Agreement dated 21.03.2023.
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
CM APPL. 20753/2023 & 20881/2023 (Joint applications on behalf of the parties under Section 151 CPC for preponement and for recording the statement of parties in terms of mediation settlement)
1. The present applications are joint applications on behalf of the parties.
2. It is submitted that during the pendency of the present appeals, the parties have amicably resolved their disputes through mediation centre vide Settlement Agreement dated 21.03.2023.
3. Thus, it is submitted that the appeals may be disposed of in terms of the settlement between the parties.
4. Perusal of the record shows that Settlement Agreement dated 21.03.2023 has been entered between the parties, which stipulates as under:
"1. That for the sake of convenience & understanding, Property N0. 118, measuring 342 square yards situated at Bhogal Road, Bhogal, New Delhi-110014, comprised in khasra No. 817, Mauja Aliganj, Abadi Jangpura, New Delhi, was leased out to Late Het Ram. That after the death of Het Ram and his wife, the said property had devolved upon his six children in equal share i.e.57 square yards to each namely
Legal heirs of his predeceased son Late Sher Singh
Sh. Ram Chand. (son)
Sh. MohanLal. (son)
Smt. Shawali Devi. (daughter)
Smt. Gyaso Devi. (daughter)
Smt. Prahlado Devi. (daughter)
2. That after the death of above named Sh. Mohan Lal, his share measuring 57 square yards in the above said property had devolved upon his three sons namely I. Hari Chand. 2. Sri Chand and 3. Shri Rakesh Kumar to the extent of 19 square yards each out of land since the wife and daughters of late Mohan Lal had relinquished their respective shares in favour of the above said three sons of late Mohan Lal by virtue of registered relinquishment deed.
3. That the First Party is legal heir of Late Sri Chand (since deceased) and have jointly acquired right, title and interest by virtue of succession to the extent of 19 square of land out of the property No. 118, measuring 342 square yards situated at Bhogal Road, Bhogal, New Delhi- 110014.
4. That the second party have purchased the remaining portion/land to the extent of 323 square yards out of the said property No.118 Bhogal Road, Bhogal, New Delhi through different Regd. sale deeds on different dates from the legal heirs of late Sher Singh, legal heirs of late Ram Chand, Smt. Shawal, Devi, Smt. Gyaso Devi and Smt. Prahlado Devi. The Second Party have also purchased respective shares of Hari Chand and Rakesh Kumar both sons of late Mohan Lai by virtue of registered sale deeds. Out of the ownership of 323 square yards, the second party has sold 164 square yards of the land in the above said property.
5. That the Second Party had filed a Civil Suit for possession and injunction bearing Suit No. 210/2011, titled as Tirath Raj Vashisht Anr. Versus Shri Sri Chand before District Judge (Central) Tis Hazari Courts, Delhi. And claimed/sought possession of 25 square yards out of 44 square yards, which in possession of Sh. Sri Chand. The said suit filed by the Second Party herein was partly decreed vide Judgment and decree dated 12.02.2013 passed by the Court of Shri Dig Vinay Singh ADJ-04: Central, Tis Hazari Court, Delhi. The suit was filed on 14.02.2006.
6. That late Sri Chand (Appellant) had also filed a cross civil suit for possession, declaration and recovery of damages hearing No.212/2011 before District Judge (Central) Tis Hazari Courts, Delhi. Late Sri Chand claimed his right by virtue of an MOU entered into between Hari Chand and Sri Chand. The said suit was dismissed vide judgment and decree dated 12.02.2013 passed by the Court of Shri Dig Vinay Singh ADJ-04: Central, Tis Hazari Court, Delhi. The suit was filed on 31.05.2006.
7. That Shri Sri Chand (Appellant) had preferred two appeals before Hon'ble High Court of Delhi challenging the judgment and decree dated 12.2.2013 vide RFA No.263 of 2013, and RFA No.267 of 2013, both titled as Sri Chand (since deceased) through LR
The central legal point established in the judgment is the binding nature of the Settlement Agreement and the parties' voluntary entry into the settlement.
The voluntary nature of the settlement agreement and compliance with its terms led to the disposal of the appeal.
The main legal point established in the judgment is the enforceability of an oral Family Settlement, reduced in writing, under Order XXIII Rule 3 of the Code of Civil Procedure, 1908.
Court recognized a mutual settlement among parties and recorded a decree reflecting the terms agreed upon during the appeal.
The main legal point established in the judgment is the requirement for parties to provide sufficient evidence to support their claims, explain key actions, and address any deficiencies in their case....
The court has the authority to allow condonation of delay in filing an appeal and to modify orders in view of settlement terms reached through mediation.
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