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Anju Choudhary v. Akshat Choudhary

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 1379-1380 of 2017)Decided 3 Feb 2017
Civil Appeal Nos. 1379-1380 of 2017
Justice Kurian Joseph · Justice A.M. Khanwilkar

Background

The appellant and respondent had been litigating against each other, and the matter reached the Supreme Court by way of a special leave petition that was converted into a civil appeal. Before the appeal could be heard on merits, the parties informed the Court that they had resolved their entire dispute outside court and entered into a Compromise Deed dated 05.10.2016. An interim application (I.A. No. 1/2016) was filed asking the Court to dispose of the appeals in terms of that settlement.

Decision Breakdown

The Court granted leave (formally converting the special leave petition into a civil appeal) and then allowed the interim application for settlement. It disposed of both appeals strictly in terms of the Compromise Deed dated 05.10.2016, directing that the deed form part of the Court's order. Any other pending applications were also disposed of, and the Court made no order as to costs, meaning each side bore its own costs.

Lesson Learnt

When parties to a Supreme Court appeal settle their dispute privately, the Court can formally close the case by simply recording and enforcing the terms of that settlement, showing how amicable settlement can bring even top-court litigation to a swift, mutually agreed end.

Official source (sci.gov.in)View Judgment (PDF)

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