Supreme Court Dismisses Civil Suit Following Consent Terms Between Parties. The court accepted the consent terms leading to the disposal of the civil suit without costs.

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Case Note & Summary

The case involved a civil appeal concerning Civil Suit No. 1680 of 1987 pending before the Bombay High Court. The parties, represented by their respective counsel, submitted that they had reached a settlement on the disputes in the suit through consent terms. The counsel for the appellants and the respondent requested the court to dispose of the suit based on these terms. The consent terms were filed and taken on record by the court. The agreement included the addition of Housing Development and Infrastructure Ltd. as a party to the suit. The court ordered that the suit be disposed of in accordance with the consent terms, without any order as to costs. The I.As. related to the appeal were also disposed of.

Headnote

A) Civil Procedure - Consent Terms - Disposal of Civil Suit - Code of Civil Procedure, 1908 - The parties reached an agreement to settle the long-standing disputes in Civil Suit No. 1680 of 1987, leading to a request for disposal based on consent terms. The court accepted the consent terms and ordered the suit to be disposed of without costs, adding Housing Development and Infrastructure Ltd. as a party (Paras 1-4).

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Issue of Consideration

Whether the Civil Suit No. 1680 of 1987 can be disposed of based on consent terms agreed upon by the parties.

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Final Decision

The court disposed of Civil Suit No. 1680 of 1987 based on the consent terms agreed upon by the parties, adding Housing Development and Infrastructure Ltd. as a party, and ordered no costs.

Law Points

  • Consent terms
  • Civil Suit disposal
  • Addition of parties
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Case Details

2008 LawText (SC) (05) 37

Appeal (civil) 20-21 of 2008

2008-05-05

P.P. Naolekar, V.S. Sirpurkar

V.A. Mohta, Vishwajit Singh, Shekhar Naphade, M.J. Paul, Aparna Jha

Vijaykumar Purshottam Kabali HUF & Anr.

Sundeep Jugalkishore Gupta

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Nature of Litigation

Civil appeal regarding a pending civil suit.

Remedy Sought

Disposal of Civil Suit No. 1680 of 1987 based on consent terms.

Filing Reason

Settlement of long-standing disputes between the parties.

Issues

Disposal of civil suit based on consent terms

Submissions/Arguments

Parties reached a settlement and requested disposal of the suit. Consent terms were filed and accepted by the court.

Ratio Decidendi

The court upheld the principle that consent terms agreed upon by the parties can lead to the disposal of a civil suit.

Judgment Excerpts

The counsel have filed the consent terms on which the disposal of the suit is prayed for. Civil Suit No. 1680 of 1987 pending before the Bombay High Court shall stand disposed of without any order as to costs.

Procedural History

The appeal was filed concerning the pending Civil Suit No. 1680 of 1987, and the parties reached a settlement leading to the current proceedings.

Acts & Sections

  • Code of Civil Procedure, 1908:
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