Submit agreement of settlement in court with the application of withdraw.
Compromise
We had purchased a agriculture land from a farmer in 1998,in 2014 his two sons who were minor at that time went to court. In August 2023 the case was dismissed under order 7 rule 11 on limitation. They then went in appeal, meanwhile because of the interference of some local leaders a compromise has been reached. When we approached the court for compromise and to transfer it to lok ayuktha for compromise settlement, the judge said there is no provision for compromise as this is judgment on a interim application and the petitioner could withdraw the case. We want the compromise settlement to be through court because we don't want them to rake up the case once more. How do we go about this? How do we ensure a settlement through court only
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
File consent terms in appeal pending in appellate court
Sir ,judge is saying that no compromise is possible since the judgment was against an interim application order, only withdrawal by petitioner is possible. How do we go about this
Asked 2 years ago
Enter into registered settlement deed
The case is pending at appeal.
The judgment was delivered on the basis of the interlocutory application filed under order VII Rule 11, hence compromise settlement decree cannot be passed by the trial court.
The appellant has to withdraw the appeal after which the defendant can file a petition before the trial court to withdraw the petition filed under the provisions of order VII Rule 11.
Then you can file a joint memo seeking compromise settlement decree signed by both the parties on the terms mentioned therein in the settlement agreement
It is therefore advised that the appellant may withdraw the appeal filed before the appellate court and the petitioner not presses the IA in the trial court after which both the parties can enter into a compromise settlement and file the agreement for compromise settlement before court seeking a compromise settlement decree.
Dear client,
Sorry to hear about your situation. In this case you may request the petitioner to withdraw the case and go for mediation or negotiation procedure where they will help the petitioner and you to come on a settlement which will be beneficial for both of you.
Hope this helps you.
- As per law, the share of a minor cannot be sold without a court order
- Since, you have purchased the minors share also , then after becoming major he has right to claim his share
- If they are agree for a settlement , then you can enter into an settlement agreement with them , and file the same before the appellate court for withdrawing the petition.
Compromise can be filed in appeal if it’s filed by you
