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DELHI HIGH COURT
C.HARI SHANKAR
Sangeeta Bahl – Appellant
Versus
Surindra Mahajan – Respondent
| Table of Content |
|---|
| 1. settlement terms agreed upon by parties. (Para 1 , 2) |
| 2. counsel affirmed agreement to settlement terms. (Para 3 , 4) |
| 3. court decrees suit resolved; timeline established. (Para 5 , 6 , 7 , 8) |
(Video-Conferencing)
1. The disputes between the parties stand settled and IA 10794/2021 has been filed under Order XXXIII Rule 3 of the Code of Civil Procedure, 1908.
2. The terms of settlement, as enumerated in para 5 of the application, read thus:
"5. That now this settlement is being recorded between the parties hereto as under:
A. The parties hereto confirm and declare that they have voluntarily and of their own free will and volition and without any pressure or coercion from any corner whatsoever arrived at the settlement (Memorandum of Understanding) (for 'Short "MOU").
B. That it has been decided between the parties herein that, Defendant no. 2 undertakes to sell the property no. B-127, Nirman Vihar, Delhi-110092 (immovable property in question) in open market, within a period of eighteen (18) months from the date of recording of statement of the settlement before this Hon'ble Court and further undertakes to pay to the Plaintiff and the Defendant No. 3
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.
Settlement agreements reached through mediation are binding and enforceable, with clear obligations for parties regarding cooperation and compliance to terms without oral alterations.
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 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 settlement reached through mediation effectively resolves the dispute, leading to the dismissal of the suit.
Settlement agreements under Section 89 CPC must be honored if they meet legal requirements.
The court recognized the binding nature of the settlement agreement between the parties and dismissed the petition as the dispute was resolved.
The court has the discretion to permit parties to settle their disputes in the interest of justice, and a compromise/settlement agreement can be allowed if found to be legal.
A family settlement can resolve disputes amicably and be deemed enforceable when reduced to writing and agreed upon by all parties involved.
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