MURARI LAL JAIN SINCE DECEASED THROUGH LRS vs DEEPAK KUMAR TYAGI

Judgment text excerpt

$~293 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13th May, 2026 + RFA(COMM) 288/2026, CM APPL. 28236/2026 & CM APPL. 28237/2026 MURARI LAL JAIN SINCE DECEASED THROUGH LRS .....APPELLANT Through: Mr. A.K. Suri, Mr. Sumbul Nizam, Advs. alongwith appellant in person. versus DEEPAK KUMAR TYAGI .....RESPONDENT Through: Mr. Dhruv Gautam, Mr. Abhishek Tongar, Advs. alongwith respondent in person. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT DINESH MEHTA, J. (ORAL) 1. The matter was listed yesterday, when learned counsel for both the parties submitted that there is a possibility of an amicable settlement and both of them would sit and explore the possibility and settle the terms. 2. Today, both the counsel alongwith the parties present in the Court submit that they have mutually settled the matter and accordingly, a final amount of Rs.33,00,000/- is agreed to be paid by the appellants to the respondent-plaintiff within a period of six months. 3. The Settlement Agreement is taken on record. 4. Learned counsel for the respondent submitted that during the execution proceedings, appellant No.3- Dharmender Jain gave an undertaking that during the pendency of the execution proceedings, he/they Signature Not Verified Digitally Signed By:NAVEEN KUMAR RFA(COMM) 288/2026 Page 1 of 4 Signing Date:14.05.2026 18:27:45 shall not sell shop No.100 situated at Sabji Mandi, Ballabhgarh. 5. The appellant no.3, present in the Court, assures that he shall abide by said undertaking until the satisfaction of the decree. 6. The appeal is, therefore, allowed in terms of the Settlement Agreement executed between the parties, terms whereof are reproduced hereunder for the sake of ready reference:- “The terms of settlement between the Parties are