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Rajeev Kumar Upadhyay v. Prakash Chand Rawat

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 3232 of 2015)Decided 24 Apr 2017
Civil Appeal No. 3232 of 2015
Justice Kurian Joseph · Justice R. Banumathi

Background

Rajeev Kumar Upadhyay (appellant) and Prakash Chand Rawat (respondent) were in a dispute connected to a property "agreement to sell." While the civil appeal was pending before the Supreme Court, the parties informed the Court that they had settled their dispute. The respondent/applicant sought permission to place on record a Cancellation Deed and a Bank Draft reflecting this settlement.

Decision Breakdown

The Court first directed the District Judge, Agra, to verify whether the cancellation deed and the bank draft receipt were genuine. After the District Judge's report confirmed a genuine settlement between the parties, the Supreme Court allowed the application placing the settlement documents on record, took the appeal back on board, and dismissed the appeal as having become infructuous (i.e., no longer live) in view of the settlement. No order as to costs was passed.

Lesson Learnt

When parties to a Supreme Court appeal genuinely settle their dispute, the Court can verify the settlement through a local court and dispose of the appeal as infructuous rather than deciding the underlying merits, showing how litigants can resolve matters even while a case is pending at the highest court.

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

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