Full Judgment Text
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 19 March, 2025
+ CS(OS) 53/2025, I.A. 2069-2070/2025 & I.A. 7084/2025
RAMESH RAJPAL .....Plaintiff
Through: Mr Dinesh Garg and Ms Rachna
Agrawal Advocates
versus
ROHIT RAJPAL & ORS. .....Defendants
Through: Ms. Vandana Bhatnagar, adv. for D-1
to 3
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
J U D G M E N T
MANMEET PRITAM SINGH ARORA, J (ORAL) :
I.A. 7084/2025 (joint application on behalf of the Plaintiff and Defendants
under Order XXIII Rule 3 and 3A read with Section 151 CPC)
1. This is an application jointly filed by the parties under Order XXIII
Rule 3 and 3A of the Code of Civil Procedure, 1908 (‘CPC’).
2. Mr. Garg, learned counsel for the Plaintiff states that he has
personally known the Plaintiff and Defendant Nos. 1 to 3 for a long time and
the application as well as affidavits have been executed by parties in his
presence. Similarly, Ms. Vandana Bhatnagar, Advocate confirms that all the
pleadings and affidavit have been executed by Defendant Nos. 1, 2 and 3 in
her presence. They state that it is in these circumstances that the Plaintiff
and Defendant Nos. 1 to 3 are not present in Court today.
Signature Not Verified
Signed By:HEMANT PRATAP
SINGH
CS(OS) 53/2025 Page 1 of 3
Signing Date:02.04.2025 14:46:58
3. The statements of the counsels are taken on record.
4. Learned counsel for the parties’ state that the subject matter of the
present suit is freehold built-up Farm House, known as 'Manjula Farms'
situated in Village Chattarpur, Tehsil Mehrauli, New Delhi comprising land
measuring 12 Bighas and 2 Biswas under Khasra No.1135/1 (4-0), 1138/1
(3-12), 1134/2 (2-1), 1133/2 (2-9), bearing Farm House No.1, Mandi Road,
Sultanpur, New Delhi (‘suit property’).
5. It is stated that the Plaintiff along with Defendant Nos. 1 to 3 are the
only Class I legal heirs of late Smt. Manju Rajpal. It is stated that as per the
settlement dated 25.09.2024 arrived at between the parties, Defendant Nos.
1, 2 and 3 have agreed to relinquish all their right, title or interest in favour
of the Plaintiff herein and consequently make the Plaintiff absolute owner of
the said property. It is stated that the terms of the settlement have been set
out in paragraph 4 (i) to (xiv) of the captioned application.
6. Learned counsel for the Plaintiff states that as per the terms of the
settlement the Defendant Nos. 1, 2 and 3 have undertaken that they will
execute registered relinquishment deeds in favour of the Plaintiff so as to
confer an absolute and clear title on the Plaintiff. He states by seeking a
decree in these proceedings the Plaintiff and the Defendants are not seeking
to evade the legal requirement of executing registered relinquishment deeds.
He states that the intent of this application is to record the settlement so as to
avoid inter-se disputes.
7. This Court has perused the terms of the settlement and is of the
opinion that the same are lawful.
Signature Not Verified
Signed By:HEMANT PRATAP
SINGH
CS(OS) 53/2025 Page 2 of 3
Signing Date:02.04.2025 14:46:58
8. In view of the aforesaid submissions of the parties and settlement
arrived at between the parties, the application is allowed and the suit qua the
suit property is decreed in terms of paragraph 4 of the captioned application
to record the inter-se arrangement between the parties. It is clarified that
passing of this decree will not exempt the Plaintiff and Defendants from
complying with the requirement of execution of the relinquishment deeds
and/or registration of this decree as per the mandate of Section 17 of the
Registration Act, 1908.
9. The registry is directed to draw up a decree shall be prepared in terms
of paragraph 4 of the captioned application and the contents of the said
paragraph 4 shall form part of the decree.
10. The application stands allowed in the aforesaid terms.
CS(OS) 53/2025
11. Accordingly, the suit stands decreed as above.
12. Pending applications are disposed of.
13. All future dates are cancelled.
MANMEET PRITAM SINGH ARORA, J
MARCH 19, 2025/ msh/AKP
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Signature Not Verified
Signed By:HEMANT PRATAP
SINGH
CS(OS) 53/2025 Page 3 of 3
Signing Date:02.04.2025 14:46:58