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Delhi High Court
Hari Singh vs Kitabo Devi on 15 December, 2025
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15th December, 2025
+ RFA 403/2015
HARI SINGH .....Appellant
Through: Mr. G.D. Parashar, Ms. Shanta
Parashar, Mr. Satish Vijay, Mr. Lalit
Bhargava, Mr. Aryan Yadav and Ms.
Ritika Yadav, Advs.
versus
KITABO DEVI .....Respondent
Through: Mr. A.K. Pandey, Adv. with Ms.
Ayushi Pandey, Adv.
M: 9312982075
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J. (ORAL):
1. The present appeal has been filed seeking setting aside of the
judgment and decree dated 23rd March, 2015, passed by the Additional
District Judge ("ADJ")-02, South-West District, Dwarka Courts, New Delhi
in Suit No. 885/2012, titled as "Sh. Hari Singh Versus Smt. Kitabo Devi".
2. The impugned judgment emanates from a suit for specific
performance filed on behalf of the appellant with respect to property bearing
No. B-155, Village Matiyala, colony known as Mansa Ram Park, Uttam
Nagar, Delhi- 110059.
3. As recorded in the last order dated 15th November, 2025, the
following had transpired between the parties:
"xxx xxx xxx
3. During the course of the arguments, learned counsel appearing
for the appellant pleaded that the appellant has paid a sum of Rs.
4,50,000/- to the respondent. However, during the course of cross-
examination of the respondent-Ms. Kitabo Devi, she has admitted to
payment of only Rs. 2,50,000/-. The other amounts, as alleged to
have been paid to the respondent, have been denied by the
respondent by denying the signatures on the receipts.
4. The evidence on record shows that the said signatures of the
respondent on the alleged receipts for further payments have not
been proved before the learned Trial Court.
5. Accordingly, this Court specifically put to the counsel for the
respondent that since the respondent has already admitted to receipt
of payment of Rs. 2,50,000/-, which amount was received in the year
2012, as to whether the respondent was ready to return the admitted
amount.
6. Further, this Court was also of the view that since the said
amount of Rs. 2,50,000/- was received by the respondent in the year
2012, a lump sum amount of Rs. 3,00,000/- would be paid back to
the appellant herein.
7. Learned counsel appearing for the appellant has taken
instructions from husband of the respondent, i.e., Mr. Kapoor
Singh, who is present in Court and upon such instructions, has
stated that the respondent shall return an amount of Rs. 3,00,000/-
to the appellant. However, he seeks some time for doing the needful.
xxx xxx xxx"
(Emphasis Supplied)
4. Thus, in the aforesaid terms, during the course of hearing, settlement
was reached between the parties with regard to return of Rs. 3 Lacs by the
respondent to the appellant, as full and final settlement of all the disputes
between the parties.
5. Today, learned counsel appearing for the respondent has brought
before this Court a Demand Draft No. 529938 dated 11th December, 2025
for a sum of Rs. 3 Lacs drawn on Punjab National Bank, Uttam Nagar, New
Delhi in favour of Hari Singh.
6. The aforesaid Demand Draft has been handed over by learned counsel
appearing for the respondent to the appellant's counsel, who has handed
over the same to the appellant, who is present in Court.
7. Accordingly, statement of both the parties is recorded that the dispute
between the parties arising out of the judgment and decree dated 23 rd March,
2015 passed by ADJ-02, South West District, Dwarka Courts, New Delhi in
Suit No. 885/2012, stands fully settled, in terms thereof. The impugned
judgment and decree is modified accordingly.
8. At this stage, learned counsel appearing for the appellant prays for
refund of Court Fees.
9. Considering the fact that the parties have settled the dispute before
this Court during the course of hearing, the Registry of this Court is directed
to issue a certificate in favour of the appellant, for refund of Court Fees to
the extent of 50%.
10. With the aforesaid directions, the present appeal is accordingly
disposed of.
MINI PUSHKARNA, J
DECEMBER 15, 2025/KR
