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D. Subba Rao (D) by LRs. & Ors. v. D. Sadashiva Rao & Ors.

Civil Appeal · 2018 INSC 516Decided 15 May 2018
Civil Appeal No. 5209 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

The appellants (through their legal heirs, the original appellant having died during the litigation) had challenged a 2012 judgment and decree of the Karnataka High Court in a long-pending civil dispute between relatives, originally arising from a Regular First Appeal filed in 2005. The Supreme Court, sensing a possibility of settlement, persuaded the parties to attempt mediation, and they agreed.

Decision Breakdown

The dispute was referred to the Bangalore Mediation Center, which submitted a report along with a signed Memorandum of Settlement executed by the parties' power-of-attorney holders. The Supreme Court found that the parties had genuinely resolved their differences, made the settlement memorandum part of its judgment, and directed both sides to strictly abide by its terms. The Court specifically noted that the litigation had run for over 25 years ("crossed its silver jubilee") and expressed appreciation to the parties and the mediator for finally bringing it to a close. The appeal was accordingly disposed of in terms of the settlement.

Lesson Learnt

Long-running family or property litigation can often be resolved faster and more amicably through court-referred mediation than through continued adversarial appeals, and once parties sign a settlement, courts will enforce it as a binding part of the final judgment.

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

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