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Susana Rani David & Anr. v. Esther Jasper Swaminathan & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 14122-14123 of 2015)Decided 7 Dec 2015
Civil Appeal Nos. 14122-14123 of 2015
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

This order sends the case back; it does not decide the dispute. The case is a property dispute about the validity of a compromise among co-owners and the share of defendant No. 4 in the property. The Court recorded that the main dispute in the appeals was only about that share.

Decision Breakdown

This is not a final decision on the dispute. By its order of 7 December 2015, the Court allowed a 2001 sale deed to be placed on record and directed the appellants to file a review application before the High Court within four weeks. The High Court was told to consider the effect of the sale deed and, if necessary, modify its judgment, with the review to be heard in February 2016. The Court held that the compromise among the other defendants stands and set aside the High Court's nullification of it to that extent.

Lesson Learnt

There is no final ruling yet on defendant No. 4's share, which the High Court must decide in review. The compromise among the other defendants stands.

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

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