Suit for declaration, partition and permanent injunction against the defendants in respect of suit property stands settled between the parties, which has led to filing of the joint application under Order 23 Rule 3 of the CPC. The aforesaid has been reflected upon in the case of Sh. Rohit Virmani v. Brig. (Retd.) Brijesh Virmani & Ors [CS(OS) 304/2020 & IA. No. 9224/2020], which was adjudicated by High Court of Delhi by a single judge bench comprising Justice Suresh Kumar Kait on 20th July 2021.
The facts of the case are as follows. There was a dispute related to family property situated in New Delhi. The plaintiff initially filed a suit against the defendant for declaration, partition and permanent injunction against the defendants in respect of suit property. This suit was later amicably settled in terms of Memorandum of Family Settlement, wherein the parties have recorded the terms and conditions with regard to their share, rights, title and interests in the suit property. It was further submitted that the parties and their legal heirs shall be bound by the terms of aforesaid Memorandum of Family Settlement and, therefore, prayed that this suit be decreed in terms thereof. Parties to the present suit were present through video conferencing and they have affirmed the factum of settlement in terms of Memorandum of Family Settlement with regard suit property in question.
The court considered the facts and arguments presented before it. It was hence declared that “In view of the above, the aforesaid Memorandum of Family Settlement dated 29.04.2021 accompanying this application is taken on record. The said Memorandum of Family Settlement has been duly signed by all the parties and so, this Court finds that the settlement arrived at is valid and lawful. Accordingly, the suit stands decreed in terms and conditions mentioned in the Memorandum of Family Settlement dated 29.04.2021, which shall form part of decree. Decree sheet be accordingly drawn. With aforesaid directions, the present application is disposed of.”