1) you cannot be forced to agree for settlement against your wishes
2) if you refuse settlement order SC would pass orders on basis of evidence on record
High Court confirmed 1/4th share - can Supreme Court direct me to go for settlement?
My father had 4 sons and 4 daughters. Will was registered .Fathers self acquired property to be divided equally among 4 brothers. No share to sisters. I entered into an agreement of release and endorsed receipt of 80% consideration amount.With the anticipation of balance amount, return of jewels I signed original document and agreed to put for Pending Registration but the same was returned to me for non submission of ITC which was agreed to submit ITC by OP.No evidence produced for return of jewels. 2 opportunities were given to OP to finish the transaction but the same result came. As per the document which was kept as pending with registrar office there is a record so that I received entire consideration amount but it is not true. Since OP failed to keep their promises as agreed the release deed was returned to me with the knowledge of all brothers.After issuing a legal notice and waited till 6 years and thereafter I filed partition suit in district court which was decided unfavour to me but I made appeal with high court and it was decided in my favour. Now the aggrieved party filed SLP in Supreme Court and attained a Status Quo order and moved for settlement.My question is whether Supreme Court can insist me to go for settlement even though I am not ready to agree for it. Please advise me what will happen if I do not agree for settlement and whether my share will be confirmed as decided in high court?
Asked 5 years ago in Property Law
Religion: Hindu
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18 Answers
Dear Client,
Court never forces parties to agree for settlement but mediation. And status quo mean, if possession with you, it cannot be hindered. Till matter dose not decide by SC, property will not alienate and HC order will remain in abeyance till SC decide the issue.
No court cannot force you for settlement if you do not agree for settlement then in that case the court shall proceed on merits of the case. See if SC admits the petition then in that case court will look to the merits of case and can decide.
If you are not agreed for settlement then wait for SC orders..
1. No Court including the Supreme Court, can direct you to make settlement against your wish.
2. Supreme Court has not yet gone in to the merits of the case.
3. If you refuse to agree for the settlement, the Supreme court will hear the matter and then pass judgement i.e. either it will set aside the order passed by the High court or shall suatain it.
no body can be forced to settle if he does not wish
the court can only suggests to explore settlement option
if the settlement fails then the SC will hear the appeal on merits
if the SC rejects the appeal, the HC order will become executable
if the SC allows the appeal, then the HC order will be set aside
however you can still challenge the SC order allowing the appeal by filing a review petition
No. The supreme court cannot insist on settlement if we are able to make put a case that the settlement shall be one sided and no value will be given to us or to our share.
Settlement is one of the foremost remedy which the court contemplates. If the parties are against settlement, the court shall proceed to adjudicate the matter on merits .
Supreme court cant force you for settlement. It will pass orders as per the merits of the case. Its on you to agree to such settlement or go with the verdict of SC
Dear Sir,
To be frank the recent tendency of several court forcing parties to go for settlement. So much of infrastructure and man power is invested in the courts and citizen's approaching the court of law as a prestige issue to get adjudication as per provisions of law, no more else. In this background you need not go to the direction of Supreme Court to settle the matter. Let the SC take its decision and be informed to set aside High Court Judgement is more difficult for the SC than to confirm it. Be assure that your High Court judgment will be confirmed if you do not agree for settlement.
Supreme court cannot compel you to agree for settlement agreement.
If you do not want to agree for any type of settlement then you may contest the case in the court, let the court decide on merits and arguments put forth before it by both the sides.
In SLP (C) Petition filed by OP, they have omitted vital pages while translations are done and penal clause recorded in the agreement of release executed by all brothers were toppled so as to favour them.Misinterpretations are done from Tamil to English contrary to deposition of the opposite parties. under the above reasons I want to know whether SLP Petition will be dismissed for fresh submission or will be continued with the same errors? Agreement of Release executed in the year 1976 Release Deed executed in 1980 Returned 1981 Legal Notice sent by me in 1982 Case filed in 1987 Partition suit failed in lower court in 1999 Appeal made in high court in 2000 and Decreed in 2017 SLP filed in 2018 by OP.Property value increased several times hence not agreed for settlement. As per Penal clause if OP will fail to settle my share 1/4 th within 6 months time then OP will have to accept to execute 3/4th share at the same rate. Kindly advise
Asked 5 years ago
See if they have misdeclared before the hobble court and there is error in translation and missing copies court can reject SLP though it can give a chance to.petitioner to remove or correct such mistakes.
You can in your replybefore Supreme Court draw attention of court to suppression of material facts by appellant
2) file compilation of all documents
3) if property value increased you cannot be forced to agree for settlement
Dear Sir,
The Supreme court is the court of law where in only critical questions of law will be considered and accordingly cases will be disposed of. There is no scope for SC to appreciate the contents of translated documents since it was already done by fact finding court and it was scrutinized by High Court. The scope before the SC is very limited as such you may take a chance to win by not accepting settlement otherwise put unacceptable terms so that settlement may fail.
If you have been made as a respondent in the SLP before supreme court, in your to the petition you may mention all those errors committed by OP in the petition and seek to dismiss the petition on the same grounds.
Let the matter pending at supreme court be decided after that you can think about further course of action.
It`s contempt of court for filling wrong information.
1. If you poit out that there has been willful ommission made by the petitioner then the SKLP filed against you might be rejected.
2. You shall have to bring forth all the points you have mentioned in your quiry to the Apex Court at the time of hearing of the SLP.
You can bring that to the notice if Supreme court by filing your written submissions