Case Note & Summary
The dispute involved an appeal filed by Debakie Rani Sharma against Savitri Devi and another. During the pendency of the appeal, the parties reached an amicable settlement, wherein the appellant agreed to pay Rs.2,40,000/- to the respondent within three months and to hand over possession of a temple located on approximately 25 sq. yards of land within one week. The appellant's counsel confirmed the commitment to fulfill these obligations. In return, the respondent agreed to withdraw all proceedings against the appellant. The court directed the appellant to also withdraw any proceedings initiated against the respondent within two weeks following the payment. The appeal was disposed of based on this settlement, with a provision allowing the respondent to revive the appeal if the appellant failed to comply with the payment and possession transfer.
Headnote
A) Civil Procedure - Settlement of Disputes - Amicable Resolution - Civil Appeal No. 1100 of 2002 - The parties reached an amicable settlement during the appeal, with the appellant agreeing to pay a specified amount and hand over possession of property. The court disposed of the appeal based on this settlement, allowing for revival if terms are not met - Held that the settlement is binding and enforceable (Paras Not mentioned).
Issue of Consideration
Whether the appeal should be disposed of based on the amicable settlement reached by the parties.
Final Decision
The Supreme Court disposed of the appeal based on the amicable settlement reached between the parties, directing the appellant to fulfill the payment and possession transfer obligations.
Law Points
- Settlement of disputes
- Withdrawal of proceedings
- Payment obligations
