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V.M. Manomani & Ors. v. Shanthi

Civil Appeal · 2017 INSC 1144Decided 27 Nov 2017
Civil Appeal No. 5996 of 2009
Justice Kurian Joseph · Justice Amitava Roy

Background

The appellants (V.M. Manomani and others) and the respondent (Shanthi) were locked in a long-running civil appeal before the Supreme Court arising out of a property dispute. While the appeal was pending, the parties resolved the matter outside of court, and the disputed suit property was transferred to a newly-added respondent, Mr. Maurice Rosario Menezes.

Decision Breakdown

The Court allowed an interlocutory application (I.A. No.120640/2017) and recorded that the dispute had been settled out of court, with the suit property transferred to the newly added respondent. An application had also been filed on his behalf seeking disposal of the appeal. Since nothing survived in the appeal in view of the settlement, the Court disposed of the appeal accordingly, with any pending applications also treated as disposed of and no order as to costs.

Lesson Learnt

Parties can settle a civil dispute even while an appeal is pending in the Supreme Court; once a genuine settlement is placed on record, the Court will dispose of the case in terms of that settlement rather than deciding the underlying merits.

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

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