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Prem Chand Sharma v. Shiv Prasad & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 10432 of 2016)Decided 28 Oct 2016
Civil Appeal No. 10432 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellant and respondent were real brothers locked in a civil dispute that had also spawned First Appeal No. 62 of 2012, pending before the High Court of Uttarakhand at Nainital. At the stage of issuing notice in this appeal, the Supreme Court, noting the family relationship between the parties, suggested they explore an amicable settlement rather than continue adversarial litigation.

Decision Breakdown

The parties took up the Court's suggestion and reached a settlement through the Supreme Court Mediation Centre, resulting in a formal Settlement Agreement dated 12 May 2016, signed by both parties, their counsel, and the mediator, Shri K.D. Singh. The Court recorded its appreciation for the mediator's efforts and the parties' cooperation, and disposed of the appeal strictly in terms of that Settlement Agreement. As a consequence, it held that nothing survived in the connected First Appeal No. 62 of 2012 pending before the Uttarakhand High Court, and disposed of that proceeding as well, directing the Registry to communicate a copy of the judgment to the High Court.

Lesson Learnt

Court-annexed mediation can resolve even long-running family civil disputes amicably, and a settlement reached there can be used by the Supreme Court to finally dispose not just of the appeal before it but also of connected litigation pending in another court.

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

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