Delhi High Court
CS(OS)/846/2023 of MANJU TIWARI Vs SMT ALKA TIWARI & ORS. on 13 August 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010548192023 + CS(OS) 846/2023 & I.A. 25561/2023 MANJU TIWARI .....Plaintiff Through: Appearance not given versus SMT ALKA TIWARI & ORS. .....Defendants Through: Appearance not given CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R %
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010548192023
+
CS(OS) 846/2023 & I.A. 25561/2023
MANJU TIWARI
.....Plaintiff
Through:
Appearance not given
versus
SMT ALKA TIWARI & ORS.
.....Defendants
Through:
Appearance not given
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
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O R D E R
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13.08.2026 I.A. 21748/2026
1. This is an Application on behalf of the Parties under Order XXIII Rule 3 of the CPC for passing a decree in terms of the Settlement Agreement dated 01.06.2026 [“Settlement Agreement”] entered into between the Parties.
2. The present Suit is one for partition and permanent injunction in respect of the Suit Properties mentioned in the Plaint.
3. During the pendency of the proceedings, the parties were referred to the Delhi High Court Mediation and Conciliation Centre to explore the possibility of an amicable settlement. It is stated that vide Settlement Agreement, the parties have settled the disputes.
4. A copy of the Settlement Agreement, which has been filed along with the instant Application is reproduced in its entirety, and the same reads as This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55
under:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55
5. The Settlement Agreement indicates as to how and in what manner the Suit Properties would be divided amongst the Plaintiff and the Defendants as well as the amounts to be paid.
6. The Parties are present in Court today and have been identified by their respective Counsels. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55
7. The Parties state that they have read and understood the contents of the Settlement Agreement and that the same has been entered into without any coercion or under influence and they undertake to comply with the terms of the Settlement Agreement. The undertaking given by the Parties are taken on record.
8. The Parties are bound by the terms contained in the Settlement Agreement. It is made clear that any violation of the Settlement Agreement would be construed as a violation of an undertaking given to the Court.
9. The present Application under Order XXIII Rule 3 of the CPC and the Settlement Agreement has been signed by the Parties. Thus, the ingredients of Order XXIII Rule 3 of the CPC, stand satisfied.
10. The present Suit is, accordingly, disposed of under Order XXIII Rule 3 of the CPC in terms of the Settlement Agreement, along with pending Application(s), if any.
11. Let the Decree Sheet be drawn accordingly.
12. Since the Suit has been settled between the parties, the Plaintiff is entitled to a refund of the entire court fees in terms of Section 16 of the Court Fees Act, 1870. The Registry is directed to refund the entire court fees to the Plaintiff. SUBRAMONIUM PRASAD, J AUGUST 13, 2026 Prateek This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2026 at 11:30:55