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DELHI HIGH COURT
SURESH KUMAR KAIT
Ayesha Chenoy alias Ayesha Mitra Chenoy – Appellant
Versus
Kamal Mitra Chenoy alias Kamal Aron Mitra Chenoy – Respondent


Table of Content
1. amicable resolution of disputes (Para 1 , 2)
2. request for decree under order xxiii rule (3) cpc (Para 3 , 4)
3. validity of settlement agreement terms (Para 5 , 6)
4. disposal of suit and applications (Para 7 , 12)
5. entitlement to court fee refund based on precedent (Para 10 , 11)

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

I.A. No. 9092/2021 (u/O 23 R 1 CPC r/w Section 151 CPC)

1. The present suit for partition, declaration and mandatory and permanent injunction filed by the plaintiff with respect to property bearing No. 19, Sunder Nagar, New Delhi-110003 admeasuring 867 sq. yds. or 0.179 acres (equivalent to 724.92 sq. mtrs.) and three storey building constructed thereupon, stands amicably resolved with the defendants, which has led to filing of the joint application in hand, which is signed by plaintiff, defendants as well as their respective counsels and is also accompanied by the affidavit of the parties.

2. Pertinently, vide order dated 27.01.2021 this Court had referred the matter to Delhi High Court Mediation and Conciliation Centre, where parties have voluntarily arrived at an amicable resolution of the disputes which is

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