$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 89/2026 SUBHASH CHANDRA WADHWA AND ANR .....Plaintiffs Through: Mr. Dinesh Garg and Ms Rachna Agrawal, Advocates versus VIKAS WADHWA AND ORS .....Defendants Through: Ms. Vandana Bhatnagar, Advocates CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 17.02.2026 I.A. 4337/2026

1. The present Joint Application under Order XXIII Rule 3 & 3A of the CPC has been filed by the parties for disposing of the Suit in terms of Memorandum of Family Settlement dated 15.09.2025 [“MOFS”].

2. The instant Suit has been filed by the Plaintiffs with the following prayers:-

“a) a Decree of Declaration may please be passed in favour of the Plaintiffs and against the Defendants declaring that all the parties to the suit are bound by the terms of Oral Family Settlement dated 20.12.2024, terms of which were reduced into writing in the form of Memorandum of Family Settlement dated 15.09.2025 (a copy whereof is placed on record alongwith the plaint) and further that none of the party has any right to commit the breach of any of the term thereof in any manner whatsoever;

b) a Decree of Permanent Injunction may please be passed in favour of the Plaintiffs and against the Defendants restraining the Defendants from interfering in the peaceful use and enjoyment of the Plaintiffs in respect of the Property No.11/380 and/or 11/391 Sunder Vihar, Paschim Vihar New Delhi as their residence in any manner whatsoever.;

c) to award the costs in favour of the Plaintiffs; and d) to pass any such other or further orders, relief or directions in favour of the Plaintiffs as this Hon 'ble Court may deem fit and proper under the facts and circumstances of the case.”

3. It is stated that during the pendency of the suit, the parties who are closely related to each other, made an endeavour to amicably settle their disputes and the MOFS was entered into between the parties.

4. The MOFS has been filed along with the present application and the same is reproduced as under:-

5. The properties, which have been segregated into Schedules A, B and C, have been divided between the parties in the nature and manner as stated in the MOFS.

6. The present Application has been signed by the Plaintiffs and the Defendants and is accompanied by the affidavits of the Plaintiffs and the Defendants.

7. The parties are bound by the terms of the MOFS.

8. This Court has also perused the terms contained in the MOFS and the same is lawful and capable of being acted upon in accordance with law.

9. Let the decree sheet be drawn up according to the MOFS dated

15.09.2025.

10. Since the parties have amicably resolved their disputes, the Plaintiffs would be entitled to the refund of full court fee in terms of Section 16 of the Court Fees Act, 1870.

11. The next date already fixed before the learned Joint Registrar, i.e., 10.03.2026, stands cancelled.

12. The Suit is disposed of along with pending application(s), if any.

SUBRAMONIUM PRASAD, J FEBRUARY 17, 2026 hsk