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Yashpal Singh (-)     06 June 2015

Contempt petition in hc against amicable settlement

There was dispute pending in AD Court for a Specific Performance against a Sell Agreement of a 9 Bigha agriculture land against a Respondent land owner from 2004 for a specific portion of an undivided land 64 Bigha Land. In between there was a stay from High Court for Status Quo - pending in due course - on an undivided agriculture land by a co-tenant, due to what, the Mutation of the heirs of the Respondent was pending after his death in 2012; whereas all the heirs became the enlarge in the pending case of specific performance. Later Amicable Settlement took place between the Respondent (Seller) heirs and Purchaser, yet the Mutation of heirs are still pending of the demise. Soon, the Co-Tenant filed the Writ Contempt Petition against the Settlement for the particular portion of the undivided land, when the Mutation of the heirs is still pending due to High Court Stay in reference of Status Quo. The demised respondent's heirs didn't took any permission from the High Court for the mutation before the Amicable Settlement in the lower court where Specific Performance Case was pending in the situation his Mutation, which cannot be filed unless High Court give some relaxation in status quo. The question is that whether the WCP is maintainable against the Amicable Settlement or not. Can the High Court dismiss that Settlement....?


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