$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 584/2022 RAKESH SABHARWAL AND ORS .....Plaintiffs Through: Mr. Puneet Yadav, Mr. Sourabh Gupta, Mr. Vasu Dev, Ms. Priya Mittal and Mr. Akshansh Gupta, Advocates.

Plaintiff No.2 in person.

versus MANHAR SABHARWAL AND ORS .....Defendants Through: Mr. Kharanshu Rana and Mr. Pranzal Jha, Advocates.

Defendant No.1 in person.

Confirming Party in person.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 09.02.2026 I.A. 3493/2026

1. The present joint application has been filed by the Parties under Order XXIII Rule 3 of CPC, for disposing of the Suit in terms of the settlement arrived at between the parties vide a Memorandum of Understanding dated

18.12.2025 (hereinafter referred to as “MoU”).

2. The instant Suit has been filed by the Plaintiffs for mandatory injunction, recovery of possession, permanent injunction, rent and mesne profits and damages against the Defendants and for handing over of physical vacant possession of the Second Floor of Property bearing No.B-3/8, Ashok Vihar Phase-II, Delhi-110052.

3. During the pendency of the present Suit, the Parties have settled the dispute and have entered into an MoU dated 18.12.2025. A copy of the same has been filed along with the application which reads as under:

4. Under the MoU, the Defendants have unconditionally and irrevocably agreed to relinquish, disclaim, sell, transfer, convey and assign all their right, title, interest, claim and ownership in the Suit Property which is the Second Floor of Property bearing No.B-3/8, Ashok Vihar Phase-II, Delhi-

110052.

5. As per the MoU, the Confirming Party has agreed to pay a sum of Rs.1,25,00,000/- to the Defendants. The Confirming Party – Sh. Sunil Kumar Nenwani, who is present in Court states that cheques for a sum of Rs.1,25,00,000/- has been given to the Defendants. Defendant No.1, who is present in Court, acknowledges the receipt of cheques, however, he states that the said cheques have not been deposited and the same is yet to be realized. The Confirming Party undertakes in Court that the cheques will not be dishonored. The statement of the Confirming Party is taken on record.

6. It is stated in the MoU that upon receipt of Rs.1,25,00,000/-, the Defendants were to deliver the peaceful possession of the Suit Property to the Plaintiffs on or before 30.01.2026. However, it is stated that the same has yet not been done. Defendant No.1, who is present in Court, states that he shall deliver the peaceful possession of the Suit Property to the Plaintiffs on or before 15.03.2026. The statement of Defendant No.1 is taken on record.

7. This Court has gone through the MoU dated 18.12.2025, terms of which are legal and lawful and the same is capable of being accepted by the Court.

8. In view of the fact that settlement has been arrived at between the Parties, the Suit is disposed of in terms of Order XXIII Rule 3 of the CPC and the MoU dated 18.12.2025 entered into between the Parties. Pending applications, if any, also stand disposed of.

9. Let the Decree Sheet be prepared accordingly.

10. The Parties shall be bound by the terms of the MoU dated 18.12.2025. 11. Since the Parties have entered into the settlement, the Plaintiffs are entitled to refund of Court Fees. Let the Court Fees be refunded.

12. The application is disposed of in the aforesaid terms.

13. The next date of hearing i.e., 10.02.2026 stands cancelled.

SUBRAMONIUM PRASAD, J FEBRUARY 09, 2026 S. Zakir