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Civil Property & InheritanceSupreme Court of India

K. Pradeep v. Jayamma & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5185 of 2017)Decided 12 Apr 2017
Civil Appeal No. 5185 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant's mother had purchased a property and later gifted it to him; a co-sharer of the family property, Jayamma, had separately filed a partition suit claiming a one-third share for herself and her two sisters as daughters of the original family head. The trial court dismissed the partition suit, but the Karnataka High Court reversed this on appeal and held that Jayamma and her sisters were jointly entitled to a one-third share, with a decree passed accordingly. The appellant challenged the High Court's decision before the Supreme Court.

Decision Breakdown

During the pendency of the appeal, the appellant and the first respondent (Jayamma) reached a settlement and filed a memo of compromise along with a sketch dividing the property, resolving their dispute. Some of the other respondents objected that the sketch did not match the terms of the High Court's final decree, but the Supreme Court held it did not need to go into that objection since the compromise was only between the appellant and the first respondent and did not affect the other respondents' shares under the decree. The Court disposed of the appeal in terms of the compromise, making the memo and sketch part of the judgment, while expressly preserving the right of any other sharer whose share might be affected to pursue a separate remedy.

Lesson Learnt

Parties to a property dispute can settle their portion of the case by mutual compromise even while an appeal is pending, and courts will give effect to such settlements, but a compromise between some parties cannot be used to override the decreed rights of other parties who were not part of that settlement.

K. Pradeep v. Jayamma & Ors. – Legal Case Shots | LegalAware