SUNNY MARWAH v. KARTIK AWASTHY

CS(OS) 331/2024 Page 1 of 2

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* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010229382024 + CS(OS) 331/2024 SUNNY MARWAH .....Plaintiff Through: Mr. Saurabh Sagar, Mr. Zeeshu Ahmad and Mr. Sunny Marwah, Advs. Along with Plaintiff in person versus KARTIK AWASTHY .....Defendant Through: Mr. Ankit Kumar Vats along with Defendant in person CORAM:

HON’BLE MR. JUSTICE DINESH BHATT

JUDGMENT(ORAL)

% 15.10.2026

I.A. 28788/2026 & CS(OS) 331/2024

1. The present application has been filed on behalf of the parties under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 seeking direction for decree in terms of the settlement agreement dated 19.08.2026.

2. The parties have stated that the matter has been finally settled in the mediation as per which the property no. 1 and 2 shall be owned by the Defendant and property no. 3 will go into the ownership of Plaintiff.

3. The present suit was filed by the Plaintiff for partition in respect of the three properties enumerated in para 2 of the plaint, i.e., Property No. 1 - All that piece and parcel of H-17-A, Unit No. 201 & 202 on ground floor, admeasuring 120 Sq. Mtrs., Kalkaji, New Delhi – 110019, Property No. 2- All that piece and parcel of 40/101, Basement, Admeasuring 65 Sq. Mtrs., Chittranjan Park, New Delhi - 110019. Property No. 3 -All that piece and

CS(OS) 331/2024 Page 2 of 2

parcel of B-35A, Ground Floor & Basement, Admeasuring 151 Sq. Mtrs., Kalkaji, New Delhi - 110019.

4. It is further stated by the parties that the preliminary decree has already been passed with the respect to the Plaintiff and Defendant being 50% shareholder each in the aforesaid three properties. The preliminary decree dated 11.02.2026 is already on record. It is stated that now the parties have finally settled all their disputes regarding the said three properties in question and that the settlement agreement dated 19.08.2026 has been agreed and is filed. The same is placed on record and is now marked as Ex.

P1 (Document D-3).

5. Since the issue of entitlement of Plaintiff and Defendant to the extent of 50% each in the aforesaid three properties has already been decided and now the parties have finally settled the matter in terms of the settlement agreement Ex. P1, Plaintiff would be entitled for exclusive ownership of Suit Property No. 3 while Defendant would be entitled to exclusive ownership of Suit Property No. 1 and 2 and they shall execute the necessary sale deed documents within a period of 10 days as per the settlement.

6. Accordingly, the suit is decreed in terms of the settlement arrived at between the parties, and the settlement agreement Ex. P1 (Document D-3)

shall form part of the decree.

7. In view of the settlement arrived at between the parties, the suit stands disposed of.

DINESH BHATT, J

OCTOBER 15, 2026/ss