$~35

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 882/2025, I.A. 30493/2025, I.A. 30494/2025 & I.A.

1178/2026

MADHU KAPOOR & ORS. .....Plaintiffs

Through: Mr. Dinesh Garg, Adv. with Ms.

Rachna Agrawal, Adv.

M: 9899007471

Email: agrawal_rachna@yahoo.in

versus

RAMESH KUMAR MAINI .....Defendant

Through: Ms. Vandana, Adv.

M: 9910008879

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 16.01.2026

I.A. 1178/2026 (Application under Order XXIII Rules 3 & 3A read with

Section 151 of Code of Civil Procedure, 1908 (“CPC”)

1. The present is a joint application on behalf of the plaintiffs and the defendant under Order XXIII Rules 3 and 3A, read with Section 151 of

Code of Civil Procedure, 1908 (“CPC”).

2. Learned counsels appearing for the parties jointly submit that dispute between the parties was on account of non-compliance of the terms of the Oral Family Settlement dated 25^th August, 2025, duly recorded in writing in

Memorandum of FamilySettlement executed on 26^th August, 2025.

3. It is submitted that due to intervention of common relations and the

well-wishers of the parties, the matter has been settled between the parties in 4. Learned counsel appearing for the parties, further draw the attention of this Court to the various clarifications, which are contained in paragraph 5 of the present application. Thus, it is submitted that the parties have reached a settlement out of their own free will and without any pressure, coercion or duress.

5. The present application, thus, seeks disposal of the present suit and for a decree in terms of the Memorandum of Family Settlement dated 26^th August, 2025, and in terms of the clarifications, as detailed in paragraph 5 of the present application.

6. I have perused the terms of the settlement and the Court is satisfied that the settlement has been arrived at between the parties after following the due process of law and meeting the essentials as specified in Order XXIII Rules 3 and 3A of the CPC.

7. Accordingly, it is held that the parties shall be bound by the said Settlement Agreement dated 26^th August, 2025.

8. The suit is decreed in terms of the Memorandum of FamilySettlement dated 26^th August, 2025 and in terms as contained in paragraph 5 of the present application.

9. The Registryis directed to draw up a decree sheet.

10. Considering the facts and circumstances of the present case, it is directed that full Court Fee shall be refunded to the plaintiffs.

11. Let Certificate in that regard be issued by the Registry of this Court, as per Rules.

12. Accordingly, with the aforesaid directions, the present suit, along with the pending applications, stands disposed of.

MINI PUSHKARNA, J JANUARY 16, 2026/KR