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bsrao   10 May 2015

Compromise in a property issue in high court

A, B, C and D are private parties. X is the Government. A has filed a case against X, B, C and D. All have claims on the disputed property. A, B, C, D are not related. Now, B, C and D agreed to withdraw their claims against the property. 

Which is the best advice to continue the dispute only between A and X?

a). Take registered relinquishment deeds from B, C and D in favour of A. Make B, C, and D file affidavits to support A's prayer. (Are unregistered relinquishment deeds valid? If not, are they valid when parties are not related? How can one relinquish what they do not possess or have?)

b). File a compromise deed entered between A, B, C and D before the court. Can compromise be reached between few parties to the case? Will it tantamount to collusion against X? If this is valid, what are the precautions to be taken in filing the compromise? Can X object to the compromise between A, B, C and D?

Request feedback from your experiences.



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 2 Replies

Jeetender Gupta (Advocate)     10 May 2015

Unless facts of case known, difficult to comment. But if parties in a civil case reach compromise then best course is moving a joint application under O23 Rule 3 CPC for recording compromise between the parties.

bsrao   10 May 2015

Not all parties reaching compromise. Only the private parties. Facts of the case immaterial as we are talking on compromise issue. Thanks. 


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