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.
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.