GOVINDER SINGH vs TEJINDER SINGH & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 09.12.2025 Judgment pronounced on: 19.12.2025 Judgment uploaded on: 22.12.2025 + RFA(OS) 11/2018 GOVINDER SINGH .....Appellant Through: Ms. Shyel Trehan, Sr. Adv. along with Mr. Gaurav Gupta, Mr. Rohan Poddar, Ms. Vidhi Jain and Mr. Rupal Gupta, Advs. versus TEJINDER SINGH & ORS. .....Respondents Through: Mr. Giriraj Subramanium, Mr. J. S. Lamba, Mr. Simarpal Singh Sawhney, Ms. Aadhyaa Khanna, Mr. Jaisal Baath and Mr. Aditya Sharma, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal, filed by Appellant [Defendant No.2 before learned Single Judge], assails the correctness of order dated 11.01.2018 [hereinafter referred to as ‘Impugned Judgment] whereby the learned Single Judge decreed the suit filed by the Respondents [Plaintiffs before the learned Single Judge] seeking grant of declaration that they are the owners of 3/4th share in the property bearing No.3, Sardar Patel Marg, New Delhi [hereinafter referred to as ‘suit property’] Signature Not Verified Signed By:JAI NARAYAN RFA(OS) 11/2018 Signing Date:22.12.2025 15:33:20 Page 1 of 21 2. The issues which arise for consideration in the present Appeal are: i. Whether the Protocol dated 23.10.1987 and the Memorandum of Family Settlement dated 15.09.1988 constitute a valid and binding family arrangement; ii. Whether CS(OS) No.973/1994 was maintainable in the face of the prior compromise decree dated 25.11.1993 passed in CS(OS) No.3403/1991; and iii. Whether any subsequent agreement, compromise, or unilateral act could override or nullify the said family settlement. FACTUAL MATRIX 3. In order to appreciate the controversy involved in the present Appeal