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Civil ProcedureSupreme Court of India

Shushma Mishra v. Hem Nath Mishra

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4857 of 2016)Decided 5 May 2016
Civil Appeal No. 4857 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellant had approached the Supreme Court against a judgment of the Jharkhand High Court in a civil appeal, in a matter also connected to a pending money suit filed by the respondent against the appellant in a trial court and a writ petition filed by the respondent pending before the High Court. On the Supreme Court's suggestion, the parties attempted mediation with the assistance of a court-appointed mediator and reached an amicable settlement, recorded in a Settlement Agreement dated 19 April 2016.

Decision Breakdown

The Supreme Court disposed of the appeal strictly in terms of the parties' Settlement Agreement. It directed the respondent to pay the appellant Rs. 5,00,000 by demand draft within two days, and a further Rs. 2,00,000 within six weeks, in full and final settlement of all claims between the parties, with no further claims to be raised. As part of the settlement, the pending money suit and writ petition between the parties were to stand dismissed as withdrawn, and the appeal was disposed of with no order as to costs.

Lesson Learnt

Parties in long-running litigation can bring multiple pending cases to a complete and binding end through court-assisted mediation, once a settlement is recorded and accepted by the Court, it becomes a final, enforceable resolution of all related claims between them.

Shushma Mishra v. Hem Nath Mishra – Legal Case Shots | LegalAware