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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Amir Chand Chopra - Appellant
Versus
Manorma Ghai @ Maya Devi - Respondent
CS(OS) 406 of 2019, IA 6852 of 2021 (Order XXIII Rule 3 CPC) and IA 6853 of 2021 (Section 151 CPC)
Decided On : 31-05-2021
| Table of Content |
|---|
| 1. settlement agreement addressed in the suit. (Para 1 , 2 , 3) |
| 2. suit decreed based on settlement. (Para 4) |
| 3. procedural orders for decree and applications. (Para 5) |
(video-conferencing)
C. Hari Shankar, J.
IA 6853/2021 (Section 151 CPC)
Allowed, subject to all just exceptions.
The application stands disposed of.
IA 6852/2021 (Order XXIII Rule 3 CPC) and CS(OS) 406/2019
1. This is an application Order XXIII Rule 3 of the Code of Civil Procedure, 1908, for decreeing of the suit in terms of the settlement, arrived at between the parties with the involvement of the Delhi High Court Mediation and Conciliation Centre.
2. The Defendant No. 2 has already stated on affidavit that he is not interested in the suit property. The plaintiff is represented by Mr. Singhal, learned counsel, whereas Defendant Nos. 1(a) and 1(b) are represented by Mr. Atul Kharbanda, learned counsel and Defendant No. 3 is represented by Mr. Siddharth Bambha, learned counsel. Learned counsel for the parties are present in the meeting today.
3. The Settlement Agreement dated 8th April, 2021 and the terms of settlement are contained in Clauses A to M towards the conclusion of the Settlement Agreement.
4. In view thereof, nothing survives for adjudication in the suit. The suit is decreed in terms of the aforesaid Settlement Agreement, which shall be treated as Annexure to this order. The parties shall remain bound by the terms of the Settlement Agreement.
5. The Registry to draw a decree-sheet accordingly. All pending applications stand disposed of. Copy of the order be emailed to learned counsel for the parties as soon as it is prepared.
Court allows settlement between parties under Code of Civil Procedure, confirming binding terms of the Settlement Agreement and disposing of the suit as nothing remains for adjudication.
A settlement reached through mediation effectively resolves the dispute, leading to the dismissal of the suit.
Parties may settle disputes leading to a decree under Order XXIII, Rule 3 of the CPC, provided the terms are clear and binding.
Mediation is effective in resolving disputes, and once a settlement is achieved, no further adjudication is warranted.
The court recognized the binding nature of the settlement agreement between the parties and dismissed the petition as the dispute was resolved.
Enforcement of Settlement Agreement
Parties are bound by their mutual consent to the terms of a settlement agreement, including any corrective adjustments, emphasizing the importance of precise terms and effective mediation.
The court upheld the validity of a Settlement Agreement reached through mediation, leading to a decree in favor of the plaintiff and a refund of court fees.
Mutual settlement of disputes allows parties to withdraw claims under Order XXIII Rule 3, leading to court decreeing the suit based on agreed terms.
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