LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

saran kumar (na)     04 May 2014

Stay on lower court judgment

A specific performance decree is challenged in the high court after an out of court settlement, appeal has been withdrawn. Is it possible for decree holder (lower court) to approach lower court and get decree executed breaching the out of court settlement agreement. If yes how to stop them from doing it. Will it be considered as fraud.  



Learning

 8 Replies

Arvind Manghirmalani (Advocate High court Bombay Trained mediator 91-9869617090 9594255075)     04 May 2014

provide more facts with respect to grounds for challenge to consent decree. challenge to consent decree can be made by application to court passing order or by way  of Appeal to appellate authority. 

Biswanath Roy (Advocate)     05 May 2014

Without knowing the full facts and Judgement and Decree related to opinion is not possible.

T. Kalaiselvan, Advocate (Advocate)     07 May 2014

You have stated that the appeal has been withdrawn upon an settlement arrived at in an out of court arrangement, thus, though the decree exists, the conditions of settlement will prevail over the judgment, right?, then what is the necessity for the other party to influence the court for getting another decree and where is the reason to approach the court (lower) for altering the existing judgment in the matter.  What is your query, be clear or come out with the facts so that a proper opinion can be rendered.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     16 May 2014

From your query, it seems that the appeal was simply withdrawn as the matter had been settled out of Court. Thus, it is clear that no compromised decree is passed in  the appeal and the terms and conditions of the settlement arrived between the parties were not incorporated with the appeal Judgment. On the other hand, it might have been dismissed as not pressed because of  withdrawal.

 

Such a situation, automatically the lower Court decree will survive and so steps can be taken to execute the same. No doubt, if any agreement is arrived between the parties during the course of the said out of Court settlement, the aggrieved party can move the court for the relief on the basis of the said agreement.

saran kumar (na)     02 July 2014

-> A and B got in to an agreement of sale of land.

-> B filed a suit against A for specific performance.

-> Court granted specific performance in favour of B

-> A choose to appeal.

-> B has transferred the decree to C. and C got impleaded himself as responded on the grounds that B did not get his assignment registered and his presence is required in court. 

-> As the C is decree holder, A and C got in to out of court settlement the content of the agreement in a nut shell: C pays A in 3 months, if he doesn't land is A's. if A does not register on recieving the payment, C may get the decree passed in compitent court. And A will withdraw his appeal in 1month.

-> After 3 months C could not come up with complete payment. C payed 40% of total consideration after 3 months and taken the original docs of the land. Both parties extended the time for 3 more months.

-> still appeal is not with drawn . 

PLEASE GIVE YOUR OPINION ON 

-> IS IT NECESSARY TO WITHDRAW APPEAL.

-> IF c DOES NOT PAY WITHIN TIME HOW TO GET DOCS BACK.

->CAN c APPROACH COURT ASK TO CANCEL THE OUT OF SETTLEMENT AS c COULD NOT PAY AS PER AGREEMENT AND AMOUNT CONSIDERED IN DECREE IS VERY LESS COMPARITIVELY. 

 

My query is very long i will be very thnkful for u r time. pls reply

Biswanath Roy (Advocate)     02 July 2014

Consult a Senior lawyer in  your locality showing all case papers and documets.

Arvind Manghirmalani (Advocate High court Bombay Trained mediator 91-9869617090 9594255075)     04 July 2014

Regarding your first  querry that "IS IT NECESSARY TO WITHDRAW APPEAL?" , it is not advisable at all.  Let A tell the facts to court on schedule date and seek adjournment from time to time till you (A) are secured.

Regarding your second querry "IF c DOES NOT PAY WITHIN TIME HOW TO GET DOCS BACK" you file suit for cancellation of settlement and get the order from court for delivering back original documents. Alternatively, you can have certified copies of the registered documents standing in name of A from registration office which will work as of original.

Regarding your third querry "CAN c APPROACH COURT ASK TO CANCEL THE OUT OF SETTLEMENT AS c COULD NOT PAY AS PER AGREEMENT AND AMOUNT CONSIDERED IN DECREE IS VERY LESS COMPARITIVELY" , it is his choice and none including you have no right to prevent him to approach court. 

Lastly, take the help of some social workers in your area and ask C to sit in a mediation which is now a days easily available in all courts in India.

Bal Mukund Shah(9826310378) (Advocate)     03 October 2014

when your appeal is withdraw then your right is close but you and your comptiter write a agreement in out of court then you can file other civil suit  for compliyenc for agreement 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query