CS(OS)/792/2023 of VARUN GUPTA Vs SMT. SUDESH GUPTA on 28 July 2026

O R D E R

%

28.07.2026 I.A. 18035/2026

1. The instant Suit is for partition of movable and immovable properties of Late Shri Shyam Gupta. The facts of the case as stated in the Plaint reveal that Late Shri Shyam Gupta was initially married to Smt. Shashi Gupta and out of the said wedlock they had a son named Shri Varun Gupta, who is the Plaintiff herein. It is stated that upon the death of Smt. Shashi Gupta, Late Shri Shyam Gupta got remarried to Smt. Sudesh Gupta. However, there are no children from the second marriage.

2. It is stated that Late Shri Shyam Gupta passed away intestate on 14.11.2022, leaving behind the Plaintiff and the Defendant as the only legal heirs to his movable and immovable properties. It is stated that Late Shri Shyam Gupta during his lifetime, purchased several properties and created a business in the name of himself and other family members and as per the Plaintiff, all such properties and the business were part of Late Shri Shyam Gupta’s HUF. The immovable properties are mentioned in the Paragraph 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 31/07/2026 at 13:47:16

No.3.5 of the Plaint, which is being reproduced as under:- “a. Built up property bearing no. A-38, Pushpanjali Enclave, Pitampura, Delhi admeasuring 170 sq yards (approx), wherein both the plaintiff and the defendant are residing.

b. One shop bearing No. 405113 Naya Bazaar, Delhi where the deceased, Late Sh. Shyam Gupta being the karta of family running his business of food grains under the name & style of M/s. Shyam Trading Co. Besides, he was also the owner of two unit/ rooms (Gaddi) which was leased out on rent. Presently, the defendant has been single handedly managing the affairs of M/s Shyam Trading Company and also receiving the rental income from the property and all queries with regard to the rent and the tenant etc. are deliberately not disclosed by the defendant to the plaintiff.

c. One house bearing No. A-292/A, Upper Ground Floor, Phase-1, Vijay Vihar, Sector-4, Rohini, Delhi admeasuring 90 sq. yards.

d. One plot of land bearing No. M-134, Sector-20, Yamuna Express way, Near Jewar Airport, Noida, ad measuring 300 sq mts.

e. One plot of land bearing No. P-325, Sector-20, Yamuna Express way, Near Jewar Airport, Noida, ad measuring 300 sq mts.

f. One plot of land bearing No. F-39, Deep Vihar, Pansali Village, Near Sector-24, Delhi, admeasuring 138 sq. yards.

g. Besides the above mentioned properties the deceased Late Sh. Shyam Gupta was also the owner of one plot of land at Najaf Garh, Delhi, the better 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 31/07/2026 at 13:47:16

particulars whereof are with the defendant.”

3. Apart from the immovable properties mentioned above, there are certain movable properties of Late Shri Shyam Gupta like fixed deposits, securities, insurance bonds and policies.

4. Pending the Suit, the Parties have entered into an amicable settlement. Consequently, the present Application has been filed for passing a final decree in terms of the Compromise/Settlement Agreement dated 10.06.2026 [“Settlement Agreement”] entered into between the Parties, which though is styled as one Order Section 151 of the CPC, is actually one under Order XXIII Rule 3 of the CPC. The Settlement Agreement is filed along with the and is being reproduced to read as 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 31/07/2026 at 13:47:16

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 31/07/2026 at 13:47:16

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 31/07/2026 at 13:47:16

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 31/07/2026 at 13:47:16

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 31/07/2026 at 13:47:16

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 31/07/2026 at 13:47:16

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 31/07/2026 at 13:47:16

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 31/07/2026 at 13:47:16

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 31/07/2026 at 13:47:16

”

5. Perusal of the terms of the Settlement Agreement indicates that the same sets out the way in which the Suit Properties have been agreed to be divided between the Parties.

6. The Settlement Agreement has been signed by the Parties to the Suit. The present Application is also signed by the Plaintiff and the Defendant.

7. The Plaintiff is present in Court today, while Defendant has joined the proceedings through video conferencing. The Parties have been identified by their respective Counsels.

8. The Parties state that they have read and understood the contents of the Settlement Agreement and the same has been entered into without any coercion or under influence. The said statements given by the Parties are taken on record.

9. This Court has also perused the Settlement Agreement and is of the opinion that the same is lawful in nature and is capable of being implemented.

10. The present Suit is, accordingly, disposed of in terms of the Settlement Agreement dated 10.06.2026, along with pending Application(s), 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 31/07/2026 at 13:47:16

if any.

11. Let the Decree Sheet be prepared accordingly.

12. The Parties are bound by the terms contained in the Settlement Agreement. The parties are directed to abide by the Settlement Agreement and not raise any further disputes in implementing the same.

13. It is made clear that any violation of the Settlement Agreement would be construed as a violation of an undertaking given to the Court.

14. 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 Plaintiffs.

SUBRAMONIUM PRASAD, J JULY 28, 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 31/07/2026 at 13:47:16