• Case withdrawal or settlement deed

Hi,

my neighbor has filed IA No.1 for restraining putting up construction 2 years back alleging that i am encroaching his land (1 - 2 feet). Stay got vacated as there was not enough evidence to prove. He was asking for compromise as my construction was getting over for which i did not agree. i have finished my construction and did house warming also. Now the plaintiff is selling the disputed property and he wants to withdraw the case. my lawyer is also agreeing to it. i have couple of questions here..

1) should i accept case withdrawal or i need to go for settlement deed. which is the best option.
2) if i go with case drawal, can the new buyer put the case for boundary issue (land encroachment of 1 - 2 feet). what are the other consequences of this proposal.

Note : plaintiff property is in undivided share with 10+ other owners in single survey no. plaintiff's Property does not have a separate survey sketch (its just a NA property). my property is split from the original survey number and i have separate survey sketch and Uttara.
Asked 2 months ago in Property Law from Hubli Dharwad, Karnataka
Religion: Hindu

1. Let plaintiff withdraw the case. See even on compromise now plaintiff has no right on suit property now therefore the new owner can even file on compromise.

2. The new owner has legal right and remedy for his land he can file . The remedy is you enter into compromise with old and new buyer .

Shubham Jhajharia
Advocate, Ahmedabad
14127 Answers
57 Consultations

5.0 on 5.0

1) plaintiff is always at liberty to with draw his case with liberty to file fresh suit 

 

2) best option would be to file consent terms in court 

 

3) purchaser can file suit  against you for encroachment on his land if earlier suit was withdrawn with liberty to file fresh suit 

Ajay Sethi
Advocate, Mumbai
59705 Answers
3613 Consultations

5.0 on 5.0

Consent terms means terms of settlement between parties 

 

2) mention that x amount is paid in full and final settlement 

 

3) that plaintiff has no objections for construction carried on the land and that no encroachment had been carried on the land by you 

 

4) purchaser consent is not required 

Ajay Sethi
Advocate, Mumbai
59705 Answers
3613 Consultations

5.0 on 5.0

Dear client, 

You have not filed cross objection so he can withdraw without your NOC. For precaution tell him to withdraw suit on the ground that he is now convinced that disputed area belongs to you and not encroachment. 

Yogendra Singh Rajawat
Advocate, Jaipur
8886 Answers
8 Consultations

4.7 on 5.0

Such a right of the plaintiff is unqualified and he may withdraw the suit/part of the claim against all or any of the defendants. However, the plaintiff shall there after be barred from instituting a fresh suit on the same cause of action. The court may also ask to plaintiff to render costs in such case..

 

Mohammed Mujeeb
Advocate, Hyderabad
6203 Answers
3 Consultations

4.5 on 5.0

Consent terms are terms agreed by both the parties for a issue. You need to get the consent for all terms before filing the same before court

Prashant Nayak
Advocate, Mumbai
7054 Answers
7 Consultations

4.8 on 5.0

1. No settlement deed is required as no rights are being created or released.

2. The plaintiff wishes to withdraw his suit, so let him simply withdraw it,

3. The buyer can file a suit if there is a cause of action in his favour even if the present owner withdraws it.

4. There is no need to file any consent terms. It does not have to be a consensual withdrawal, let the plaintiff withdraw it on his own.

Ashish Davessar
Advocate, Jaipur
25653 Answers
730 Consultations

5.0 on 5.0

Instead  of simple withdrawal, go for a compromise and file consent terms and take a consent decree from court

That will bind the plaintiff and his buyer so that they dont make any claims in the future regarding encroachment by you

 

Yusuf Rampurawala
Advocate, Mumbai
3667 Answers
16 Consultations

5.0 on 5.0

Consent terms like the terms of settlement that the plaintiff and you agree upon, further if he is not ready for same you can ask him to withdraw the suit then. If new purchaser give is consent in settlement that he wont go for any legal action then that would be better.

Shubham Jhajharia
Advocate, Ahmedabad
14127 Answers
57 Consultations

5.0 on 5.0

1.  You may allow him to withdraw the suit with no cases in future on the same grounds.

 

2.  This withdrawal will support you to defend your interests because they have not sought the leave of court to file a fresh suit on the same grounds.

 

 

T Kalaiselvan
Advocate, Vellore
49837 Answers
590 Consultations

5.0 on 5.0

Consent terms means a compromise decree, but why should you go for a compromise when you have not compromise at all?

 

 

Dont make simple things complicated by listening to too much of advises or opinions, you may discuss with your advocate and proceed as per prevailing circumstances.

T Kalaiselvan
Advocate, Vellore
49837 Answers
590 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1.should i accept case withdrawal or i need to go for settlement deed. which is the best option.

Ans: Go for Joint compromise under Order 23 Rule 3 of civil procedure code. You can put your own conditions there in. It is the best time to get a decree at the cost of plaintiff.

2.if i go with case drawal, can the new buyer put the case for boundary issue (land encroachment of 1 - 2 feet). what are the other consequences of this proposal.

Ans: yes, new cause of action for the new buyer and he can put new case.

3.What do you mean by "file consent terms" in court ?

Ans: You must put your conditions which are acceptable to the plaintiff.

4.what are some of the clauses we need to specify in consent terms.

Ans; That you have not encroached any portion of his property and that his buyer has no right to file a case.

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ORDER 3 RULE 3

Compromise of suit.- Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not the subject matter of the agreement, compromise or satisfaction is the same as the subject matter
of the suit: -

Provided that where it is alleged by one party and denied by the other than an adjustment or satisfaction has been arrived at, the court shall decide the question; but no adjournment shall be granted for the purpose of deciding the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment.

Explanation : An agreement or compromise which is void or avoidable under the Indian Contract Act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
3844 Answers
85 Consultations

5.0 on 5.0

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