Case Note & Summary
The case involves a second appeal arising from a property dispute. The trial court, Civil Judge Senior Division, Beed, had decreed Special Civil Suit No.16/1981 on 19.10.1984, which was confirmed by the 2nd Additional District Judge, Beed, in Regular Civil Appeal No.96/1985 on 25.11.1992. The appellant, Sunderrao s/o Gopala Bhingle, along with another appellant (since deleted), filed the second appeal. During the pendency of the appeal, the parties reached a compromise. The appellant Sunderrao admitted to receiving Rs.10,000 from respondent No.1. The court noted that the terms of settlement were signed by the parties and their counsel, and the parties were present in court admitting the terms. Consequently, the court modified the decree of the trial court and first appellate court, substituting it with the terms of the compromise. The appeal was disposed of in terms of the settlement with no order as to costs.
Headnote
A) Civil Procedure - Compromise Decree - Modification of Decree - Order 23 Rule 3 CPC - The parties to a second appeal entered into a compromise, and the appellant admitted receipt of Rs.10,000 from the respondent. The court modified the decree of the trial court and first appellate court in terms of the settlement. Held that a decree can be modified by consent of parties to reflect the terms of compromise (Paras 2-4).
Issue of Consideration
Whether the decree passed by the trial court and confirmed by the first appellate court should be modified in terms of the compromise reached between the parties.
Final Decision
The judgment and decree of the trial court and first appellate court are modified and substituted by the terms of compromise. The appeal is disposed of in terms of the settlement. No costs.
Law Points
- Compromise decree
- modification of decree
- settlement of civil suit
Case Details
2010 LawText (BOM) (01) 250
Second Appeal No.249 of 1993
C.R. Deshpande, Ms. Asawari d/o Vishwas Bendre for appellant; G.K. Naik Thigle, A.M. Dabir, S.M. Godsay for respondent No.1; S.M. Godsay for respondent No.2
Sunderrao s/o Gopala Bhingle
Ramprasad alias Niranjanprasad s/o Bansiprashad Tiwari
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Nature of Litigation
Second appeal against a decree in a civil suit for property.
Remedy Sought
Appellant sought modification of the decree in terms of compromise.
Filing Reason
The appellant filed the second appeal challenging the concurrent findings of the trial court and first appellate court.
Previous Decisions
Trial court decreed Special Civil Suit No.16/1981 on 19.10.1984; first appellate court confirmed the decree in Regular Civil Appeal No.96/1985 on 25.11.1992.
Issues
Whether the decree should be modified in terms of the compromise reached between the parties.
Submissions/Arguments
The parties placed on record terms of settlement signed by them and their counsel, and the appellant admitted receipt of Rs.10,000 from respondent No.1.
Ratio Decidendi
A decree can be modified by consent of parties to reflect the terms of a compromise reached during the pendency of an appeal.
Judgment Excerpts
Terms of settlement are placed on record. Terms of settlement are duly signed by the parties as well as Counsel representing them.
Appellant Sunderrao admits to have received Rs.10,000/ (Rs.Ten thousand) from Respondent No.1 today.
Hence, judgment and decree passed by Civil Judge, Senior Division, Beed, on 19.10.1984 in Special Civil Suit No.16/1981, which has been confirmed in Regular Civil Appeal No.96/1985 by 2nd Additional District Judge, Beed, on 25.11.1992, stands modified and is substituted by the terms of compromise/settlement.
Procedural History
The trial court decreed Special Civil Suit No.16/1981 on 19.10.1984. The first appellate court confirmed the decree in Regular Civil Appeal No.96/1985 on 25.11.1992. The appellant filed Second Appeal No.249 of 1993 in the Bombay High Court. During the appeal, the parties reached a compromise, and the court modified the decree accordingly on 12.01.2010.
Acts & Sections
- Code of Civil Procedure, 1908: Order 23 Rule 3
