Sunil Madan vs Rachana Madan on 19 March, 2026

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  IN THE HIGH COURT OF UTTARAKHAND AT
                            NAINITAL
                 First Appeal No.152 of 2013

Sunil Madan                                         .... Appellant

                               Versus

Rachana Madan                                ......... Respondent

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Presence:-
Mr. Jagdish Singh Bisht, learned counsel for the appellant.
Mr. Pulak Agarwal, learned counsel for the respondent.
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Hon'ble Siddhartha Sah, J.

Today, Mr. Sunil Madan, the appellant in person, is present and is duly identified by Mr. Jagdish Singh Bisht, learned counsel for the appellant.

2. Ms. Rachana Madan, the respondent in person (through V.C.), along with Mr. Suryajyoti Singh Paul, the power of attorney holder of the respondent, is also present and is duly identified by Mr. Pulak Agarwal, learned counsel for the respondent.

3. IA No. 15955 of 2026 (Misc. Application) is an application to decide the present appeal in terms of the settlement between the parties dated 05.01.2026 and to make the same part of the decree, and further to pass a suitable order for returning the original title deeds dated 08.11.2005 and 24.05.2002 to the appellant.

4. The roots of the present first appeal are traceable to a civil suit for perpetual injunction instituted

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in the Court of Civil Judge (S.D.), Nainital, which was registered as Civil Suit No. 97 of 2008, Sunil Madan vs. Rachana Madan. The aforesaid suit was contested by the defendant, Smt. Rachana Madan, by filing her written statement, verified on 22.10.2008. The matter was finally decided by the Trial Court vide judgment and decree dated 29.11.2013. Aggrieved by the said judgment dated 29.11.2013 and the decree passed therein, the plaintiff/appellant has filed the instant first appeal. During the pendency of the appeal, IA No. 15955 of 2026 has been filed, supported by an affidavit, stating as follows:-

"1. That the appellant has filed the present appeal against the judgment and decree dated 29.11.2013 passed by learned Civil Judge (Senior Division) Nainital in Civil Suit No.97 of 2008, Sunil Madan Versus Rachna Madan.

2. That the Parties got married as per Hindu Rites and Rituals on 27 February 1990 and were blessed with a daughter, namely Ms. Umberine Madan born out of the wedlock on 04/04/1991. Ms Umberine is married and settled in Australia.

3. That due to matrimonial dispute between the parties various matters apart from present first appeal are pending between them in Courts at Delhi. The parties meanwhile have arrived at an amicable settlement on 15.01.2026. The contents of the said settlement agreement are not being reiterated herein for the sake of brevity but be deemed to be forming part of this application. A true copy of the settlement dated 15.01.2026 is being annexed herewith and marked as Annexure No.1 to this application.

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4. That in furtherance of the settlement between the parties, they have filed first motion of divorce by mutual consent before the Court at Delhi and has been allowed vide dt.28.01.2026 by the court of Ld. Principal Judge Family Court, South District, Saket Courts, Delhi.

5. That as per the settlement agreement between the parties the appellant shall hand over vacant physical possession of the land measuring 23 Nali 6.5 muthi, gram Santbugga Patti, Santbugga Tehsil, District Nainital, Uttarakhand. (Tittle documents/ownership already in the name of the respondent) as full and final settlement towards permanent alimony and maintenance (past, present and future) to the appellant.

6. That the Parties also undertook to file a joint application before this Hon'ble Court (accordingly the present application is being filed) on or before 13th February 2026 and place on the record a certified copy of the present settlement agreement and place on record the following facts:-

(i) That the Parties have settled all their disputes and have decided to amicably settle all their cases.

(ii) That the Appellant shall seek return of the original title documents of both subject matter properties from the registry of the Hon'ble High Court.

(iii) That after receipt of the original title documents from the Registry of this Hon'ble Court, the respondent shall execute a gift deed in favour of the appellant in respect of the land being 20 Nali, Gram Pake, Bohrakot Patti, Tehsil Ramgarh, District Nainital, Uttarakhand ("Ramgarh Property") on or before 22nd February 2026. The appellant shall bear all the expenses of execution of the Gift Deed and the respondent shall be ensure that she remains present

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before the Ld. Sub - Registrar on the appointed day for execution of the Gift Deed.

(iv) That the appellant shall give a 3 days notice to the respondent to be present at the office of the Ld. Sub Registrar for execution of the Gift Deed.

(v) That the appellant shall hand over the original title documents, as well as the actual vacant physical possession of the land measuring 23 Nali 6.5 Muthi, Gram Santbugga Patti, Santbugga Tehsil, District Nainital, Uttrakhand ("Satbugga Property") to the respondent simultaneously on the day of execution of the Gift Deed by the respondent in favour of the appellant in respect of the Ramgarh Property i.e. once all the formalities as mentioned above are complete, the appellant shall withdraw the present First Appeal No. 153 of 2013.

7. That accordingly as aforesaid in view of the amicable settlement between the parties dated 15.01.2026, it is expedient in the interest of justice that the present First Appeal be decided in terms of compromise between the parties and same be made part of decree and furthermore, the original title deeds be permitted to be returned to the appellant as per terms of settlement."

5. Today, in the pre-lunch session, the Court directed that Mr. Sunil Madan, appellant in person, and Mr. Suryajyoti Singh Paul, power of attorney holder of the respondent, Ms. Rachana Madan, along with their respective counsel, be referred to the Registrar (Judicial) for verification of the compromise.

6. The appellant in person and Mr. Suryajyoti Singh Paul, power of attorney holder of the respondent, Ms. Rachana Madan, appeared before the Registrar (Judicial) and verified the compromise on the last page of

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the annexure. The Court has gone through the endorsement made by Mr. Sunil Madan that the agreement was executed by him and that today he is endorsing the same. Mr. Sunil Madan is identified by Mr. J.S. Bisht, learned counsel for the appellant. The power of attorney holder for the respondent has also made an endorsement that the agreement has been executed by Ms. Rachana Madan, and he has endorsed the same on her behalf.

7. Ms. Rachana Madan, who is present through V.C., has admitted the agreement. The parties are duly identified by their respective counsel, and the same has been countersigned and verified by the Registrar (Judicial). The report of the Registrar (Judicial) dated 19.03.2026, which annexes the original special power of attorney, is taken on record.

8. In view of the aforesaid facts and circumstances, the application for compromise, IA No. 15955 of 2026, is hereby allowed. The instant first appeal is decided in terms of the settlement between the parties dated 15.01.2026, and the said compromise application (IA No. 15955 of 2026) shall form part of the decree along with the report of the Registrar (Judicial) and the original power of attorney. The further prayer in IA No. 15955 of 2026 for returning the original title deeds dated 08.11.2005 and 24.05.2002 also deserves to be allowed.

9. In view of the provisions of Order 13 Rule 9 CPC, the Registry is directed to return Original Deed Document No. 43/23 - 43/29 in the trial court's record, which is the original sale deed registered in Atarikt Bahi No. 1, Jild 437 , Page Nos. 331 -346, Sl. No.

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295, on 24.05.2002 in the Office of the Sub-Registrar, Nainital, to the appellant after obtaining a photocopy of the said document, which shall be placed on record.

10. The Registry is also directed to return the original title deed, being Document No. 43/30 to 43/45 in the trial court's record, which sale deed is registered in Atarikt Bahi No. 1, Jild 548, pages 15-26, at Sl. No. 1230 on 08.11.2005 in the Office of the Sub-Registrar, Nainital, after obtaining photocopy of the said document, which shall be placed on record.

11. The instant first appeal is disposed of accordingly.

(Siddhartha Sah, J.) 19.03.2026 BS

BALWANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c 02fe2eacbf28cdf4ba7ce8640c5820,

SINGH postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB55 3DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2026.03.19 20:15:51 +05'30'