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DELHI HIGH COURT
SURESH KUMAR KAIT
Urvashi Kumar – Appellant
Versus
Sanjeev Rai – Respondent
| Table of Content |
|---|
| 1. description of property for partition. (Para 1) |
| 2. settlement agreement between the parties. (Para 2 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. court's permission for withdrawal of suit. (Para 3 , 10) |
| 4. dismissal of suit and return of documents. (Para 11 , 12 , 13) |
IA No. 15117/2021(u/O XXIII R 1 r/w Sec. 151 CPC)
1. In the present suit for partition and declaration with respect to property at bearing No. P-86, New Delhi South Ext.-Part-II, New Delhi110049 admeasuring 250 sq. yds and built up area of 150 sq. yds with ground floor and first floor, the present application has been filed by the plaintiff seeking withdrawal of the same.
2. At the hearing, learned counsel appearing on behalf of plaintiff has submitted that the parties to the present suit are related to each other and with the intervention of well wisher of the parties, the subject matter of dispute stands amicably resolved.
3. Notice issued.
4. Ms. Poornima Maheshwari, Advocate, accepts notice on behalf of defendant and she has affirmed the submission advanced on behalf of plaintiff.
5. Learned counsel for defendant submits that in terms of settlement, defendant-Sanjeev Rai has agreed to pay a
The court supports amicable resolutions in disputes, allowing withdrawal of a suit after mutual settlement between parties.
The court can permit the withdrawal of a suit if the parties reach a settlement agreement resolving the subject matter of dispute.
Amicable settlement allows withdrawal of suit and extinguishment of claims upon mutual agreement between parties.
The Trial Court must ascertain the authenticity of a settlement before dismissing a suit, failing which the order lacks merit.
The plaintiff’s right to withdraw a suit prevails even with an earlier undertaking, particularly with a pending comprehensive suit for the same subject matter.
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.
The court recognized that once parties resolve their disputes amicably, the associated petitions can be withdrawn, rendering further adjudication unnecessary.
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