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Civil ProcedureSupreme Court of India

Piara Singh (Since Deceased) Thr. His LRs Gurmeet Singh v. Kundan Singh (D) Thr. His Legal Heirs Jagjit Singh

Civil Appeal · 2019 INSC 591Decided 30 Apr 2019
Civil Appeal No. 4511 of 2019
Justice R. Banumathi · Justice S. Abdul Nazeer

Background

This civil appeal (Civil Appeal No. 4511 of 2019, arising from a Regular Second Appeal decided by the Punjab and Haryana High Court on 7 March 2014) was one of three connected appeals between the same families over a long-running property dispute. Rather than continue litigating, the parties on both sides negotiated and signed two formal Settlement Deeds (dated 15 January 2019 and 24 April 2019) to put an end to their dispute, and jointly approached the Supreme Court to record and give effect to this settlement.

Decision Breakdown

The Supreme Court granted leave to appeal and then disposed of the appeal strictly in terms of the parties' own Settlement Deeds, directing that the deeds would form part of its order. It made no independent findings on the merits of the underlying property dispute, since the parties themselves had already resolved it; the Court simply directed the Registry to draw up the formal decree in accordance with the settlement terms. Two companion appeals between the same families (Civil Appeal Nos. 4512 and 4513 of 2019), arising from related second appeals in the same litigation, were disposed of in the same manner on the same day.

Lesson Learnt

Parties to a long-pending civil dispute can bring litigation to a close at any stage, even after reaching the Supreme Court, by mutually agreeing to a settlement: the Court will readily give legal effect to a genuine, voluntary compromise rather than forcing the parties through a full contested hearing.

Piara Singh (Since Deceased) Thr. His LRs Gurmeet Singh v. Kundan Singh (D) Thr. His Legal Heirs Jagjit Singh – Legal Case Shots | LegalAware