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Doris John & Anr. v. Jane Wesley

Civil Appeal · 2018 INSC 836Decided 19 Sept 2018
Civil Appeal No. 2403 of 2008
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The dispute, which originated in 1992, was a suit for eviction. The Trial Court had dismissed the eviction petition, but the High Court reversed that decision, prompting the appellants to approach the Supreme Court. During the hearing, the Court sensed the parties were open to settling and, with their consent, referred them to the Bangalore Mediation Centre.

Decision Breakdown

The parties reached an amicable settlement of all disputes between them through mediation and filed a signed Memorandum of Settlement dated 30 May 2018. The Supreme Court disposed of the appeal strictly in terms of that settlement, directing that a decree be drawn accordingly, with no order as to costs and all pending applications disposed of.

Lesson Learnt

Even a decades-old property dispute that has gone through multiple courts can often be resolved faster and more amicably through court-referred mediation than through continued litigation, and the resulting settlement becomes a binding decree of the Court.

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

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