Nanag Ram (D) by LRs. & Ors. v. Kanhaiya Lal (D) Tr. LRs. & Ors.
Background
The parties (now represented by their legal heirs, as the original litigants Nanag Ram and Kanhaiya Lal had both died) were in dispute over their respective shares of property left under the will of one late Gyarsa. While the appeal was pending before the Supreme Court, the parties negotiated and signed a formal Deed of Compromise dated 27 March 2016, which was placed before the Court through an interlocutory application.
Decision Breakdown
The Supreme Court disposed of the appeal on the basis of the compromise, directing that the signed Deed of Compromise be treated as forming part of the judgment itself. Because compensation for the underlying property had been deposited in connection with land acquisition proceedings, the Court directed the Civil Judge, Senior Division and Chief Judicial Magistrate, Jaipur, to disburse that compensation amount expeditiously, and in any event within two months of a copy of the judgment being produced before it. The appeal was disposed of with no order as to costs.
Lesson Learnt
Parties to a long-pending property dispute can settle on their own terms even while an appeal is pending in the Supreme Court, and once a signed compromise deed is placed on record, the Court will incorporate it into its judgment and issue practical directions (such as to a local court) to ensure the settlement is actually implemented.