The Delhi High Court has brought nearly three years of inheritance litigation to a close by recording a negotiated settlement among the legal heirs of late Chandan Sourav Mitra, former Rajya Sabha Member of Parliament and Managing Editor of The Pioneer, and converting it into an enforceable court decree. The order carries immediate significance beyond the parties: it reinforces the judiciary's active encouragement of consensual resolution in family disputes and rewards settlement with a full refund of court fees.
The dispute arose after Mitra passed away intestate on September 1, 2021, at the age of 66, leaving behind a substantial multi-jurisdictional estate spanning immovable properties in Delhi and Kolkata, along with financial assets including shares, bank deposits, and jewellery. His younger son, Shakya Mitra, initiated the partition suit against Shobori Ganguly , the deceased's second wife, and elder son Kushan Mitra, triggering a three-way contest over the estate.
Following sustained negotiations facilitated by counsel, the parties arrived at a comprehensive settlement agreement dated January 7, 2026, which was jointly placed before the Court under Order XXIII Rule 3 of the Code of Civil Procedure, with all parties filing affidavits confirming their voluntary and informed consent to its terms.
The Court, after examining the settlement agreement, found no legal infirmity in its terms, recording that "the terms… are legal and lawful and a decree can be passed in terms of the said Settlement Agreement." Satisfied that the requirements of Order XXIII Rule 3 stood fully met, the bench decreed the suit accordingly and issued a pointed reminder that "violation of any of the terms of the Settlement Agreement shall amount to a breach of the undertaking given to the Court", elevating the private family compact to the status of a solemn court commitment.
The Court further directed a full refund of court fees under Section 16 of the Court Fees Act, 1870, in line with the Division Bench precedent in Nutan Batra v. Buniyaad Associates. The suit stands disposed of in its entirety.
Case Title: Shakya Mitra Vs. Shobori Ganguli & Anr
Case No.: CS (OS) 338/2023
Coram: Hon'ble Mr. Justice Subramonium Prasad
Advocate for the Petitioner: Adv. Aniruddha Choudhury, Adv. Tushita Ghosh, Adv. Rohit, Adv. Pranav Deshmukh,
Advocate for the Respondent: Adv. Rana S. Biswas, Adv. Kartik Chettiar, Adv. Yash Tripathi, Main Counsel. Abhey Narula, Proxy Counsel. Rachit Kant
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