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Suryabhan (D) Thr. His LRs v. Sau. Bhagirathibai @ Vatsalabai Tulshidas Chavan (Since Deceased) Thr Her LRs

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4415 of 2016)Decided 25 Apr 2016
Civil Appeal No. 4415 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellants challenged a judgment of the Bombay High Court (Aurangabad Bench) dated 14.09.2015 in a Second Appeal arising out of a family property partition dispute. While the appeal was pending before the Supreme Court, the parties resolved their differences on their own and entered into a signed deed of compromise, which was filed with the Court on 22 April 2016.

Decision Breakdown

After granting leave, the Supreme Court noted with approval that the parties had amicably settled the partition dispute during the pendency of the appeal. The Court disposed of the appeal on the basis of the compromise, directing that the Deed of Compromise dated 18.04.2016 would form part of the Court's own decree, making its terms legally binding and enforceable as if decreed by the Court itself.

Lesson Learnt

Parties to a long-running family property dispute can settle on their own terms even while an appeal is pending in the Supreme Court, and once such a compromise is placed on record, the Court can incorporate it into its decree, giving the private settlement the same binding force as a judicial order.

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

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