Sh. Kulbhushan Chawla and Ors. v. Smt. Veena Chawla and Ors.

Delhi High Court · 23 Feb 2026 · 2024:DHC:4213
Prathiba M. Singh
CS(OS) 2316/1996
2024:DHC:4213
civil appeal_allowed

AI Summary

The Delhi High Court allowed modification of a consent decree to replace a fixed base price with sale at prevailing market rates upon joint application including legal heirs of a deceased party.

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CS(OS) 2316/1996
HIGH COURT OF DELHI
CS(OS) 2316/1996
SH. KULBHUSHAN CHAWLA AND ORS. .....Plaintiffs
Through: Mr. Deepak Bajaj, Adv.
VERSUS
SMT. VEENA CHAWLA AND ORS. .....Defendants
Through: Mr. Aayush Malhotra, Advs. for D1- D4
Mr. Rohit Khurana & Mr. Harsh Kumar, Advs. for LRs of D-5.
CORAM:
JUSTICE PRATHIBA M. SINGH O R D E R 23.02.2026
JUDGMENT

1. This hearing has been done through virtual mode. I.A. 1063/2026

2. The present application has been filed jointly by the Plaintiff No. 1 and Defendants, seeking modification in the judgment/decree dated 20th May, 2024 passed by the Court.

3. Vide the said judgment dated 20th May, 2024, a settlement agreement was executed between the parties and the same was recorded as under:

“8. As per the settlement agreement, the parties have
agreed that the following shall be the shares of the
parties in the suit property:
i. Mr. Kulbhushan Chawla-25% ii. Mr. Surinder Kumar-20% iii. Mr. Sheel Kumar Chawla -50% iv. Ms. Veena Chawla-5%” 9. The parties have also agreed that they are acceptable for the entire property to be sold with the

base price of Rs.23 crores.

10. The settlement terms are set out in paragraphs 1 to 17 of the settlement agreement dated 16th May, 2024. The Court has perused the settlement terms and the same are lawful. There is no impediment in recording the said settlement. It is, accordingly, directed that in terms of the settlement, the suit shall stand decreed.

11. The settlement agreement shall form part of the decree. All parties and anyone acting for or on their behalf shall be bound by the terms of the settlement.”

4. The Court is further informed that Sh. Surender Kumar who was initially one of the Defendants in the present case and was physically present in Court at the time when the said judgment dated 20th May, 2024 was passed, has since passed away and his legal heirs have been brought on record vide order dated 13th January, 2026.

5. In view of the above change, the present application is supported by the affidavits of the following persons who include the legal heirs of Sh. Surender Kumar i.e., Sh. Dheeraj Gumber and Smt. Saroj Gumber: ● Sh. Kul Bhushan Chawla s/o Late Sh. Roop Lal Chawla; ● Smt. Veena Chawla w/o Late Sh. Raj Chawla; ● Sh. Varun Chawla s/o Late Sh. Raj Chawla; ● Sh. Karan Chawla s/o Late Sh. Raj Chawla; ● Sh. Sheel Kumar Chawla s/o Late Sh. Harbans Lal Chawla; ● Sh. Dheeraj Gumber s/o Late Sh. Surender Kumar; ● Smt. Saroj Gumber w/o Late Sh. Surender Kumar.

6. Today, the limited submission on behalf of ld. Counsels for the parties is that instead of fixing the base price of the property at Rs.23 crores, the parties are aggregable to sell the entire property as per the prevalent market rates.

7. The Court has considered the present application and the submissions of ld. Counsels for all parties. In view of the fact that there appears to be no dispute between the parties and they are all agreeable to the prayer in the present application, paragraph 9 of the judgment dated 20th May, 2024 shall now read as under:

9. The parties have also agreed that they are acceptable for the entire property to be sold at the prevalent market rates.

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8. Let the decree sheet be drawn accordingly, bearing in mind the present order as well.

9. The present application is allowed and disposed of in these terms.

10. The present order shall now be uploaded as a corrigendum to the judgment dated 20th May, 2024.

PRATHIBA M. SINGH, J. FEBRUARY 23, 2026 Rahul/ss