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Joy v. Mani

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 6319 of 2015)Decided 14 Aug 2015
Civil Appeal No. 6319 of 2015
Justice Anil R. Dave · Justice V. Gopala Gowda

Background

The parties to this civil dispute (and two connected appeals) had been litigating over a decree before the Supreme Court. While the appeals were pending, the parties referred their dispute to a Mediator and reached an amicable settlement.

Decision Breakdown

The Supreme Court recorded that the parties had settled their dispute amicably before the Mediator. It directed that the Terms of Agreement be placed before the trial court for appropriate orders, quashed the existing decree, and disposed of the appeals "as allowed" in light of the settlement. The trial court was directed to pass a fresh order and decree in terms of the parties' agreement, and the amount deposited (with interest) was permitted to be withdrawn by the respondent. All pending applications were also disposed of.

Lesson Learnt

When parties to a Supreme Court appeal settle their dispute through mediation, the Court will give effect to that settlement by quashing the earlier decree and directing the trial court to pass fresh orders strictly in line with the agreed terms: mediation can resolve even matters already escalated to the apex court.

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

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