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DELHI HIGH COURT
C.HARI SHANKAR
Soni Dave – Appellant
Versus
Rajinder Singh Mangat – Respondent
| Table of Content |
|---|
| 1. settlement agreement outlines property co-ownership. (Para 2) |
| 2. court acknowledges binding nature of settlement. (Para 3) |
| 3. suit is decreed based on settlement agreement. (Para 4) |
| 4. application disposed alongside settled suit. (Para 5) |
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1. 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
Settlement agreements reached through mediation are binding and enforceable, with clear obligations for parties regarding cooperation and compliance to terms without oral alterations.
Enforcement of settlement agreements in property disputes.
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.
A voluntary settlement agreement between parties in a civil suit that clarifies property sale terms and releases further claims is enforceable and binding.
Courts will decree suits in accordance with settlement agreements reached by the parties.
The court upheld the legality of a settlement agreement between parties in a civil dispute, allowing the appeal to be resolved without further litigation.
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