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Laxmi Bai v. T. Jagadish

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8387 of 2016)Decided 29 Aug 2016
Civil Appeal No. 8387 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The parties were embroiled in a dispute over partition of family property, which had also led to a connected appeal (A.S. No. 2257 of 2003) pending before the High Court of Judicature at Hyderabad. The Supreme Court referred the parties to its own Mediation Centre to try to resolve the dispute amicably.

Decision Breakdown

The parties reached a settlement before the Court-appointed mediator and signed a Deed of Settlement dated 10 August 2016. The Supreme Court took the settlement on record, disposed of the appeal in terms of that settlement (making it part of the formal decree), and directed that the connected High Court appeal be treated as infructuous and disposed of accordingly, with a copy of the order sent to the High Court Registry.

Lesson Learnt

Family property disputes can often be resolved faster and more amicably through court-annexed mediation than through prolonged litigation, and a mediated settlement can be given full legal force as a court decree.

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

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