Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Decree – Consent decree |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Decree – Consent decree – Review of – Suit for possession and mesne profits filed by respondent against petitioner – Petitioner disputed the area in its possession – Trial court held that this issue had been settled by High Court in an earlier litigation between the parties and thus, the same cannot be re-opened – Mesne profits granted – Cross-appeals for reduction/enhancement thereof – High Court passed consent decree – Petitioner filed review contending that terms of the consent decree were recorded incorrectly – Dismissed – In challenge to the judgment in cross appeals and the review petition, held: Question of area of possession was settled by the High Court in the earlier litigation, decreeing the respondent’s suit for possession for the entire suit property – Petitioner’s challenge to the said judgment before Supreme Court was dismissed – Thus, this view attained finality – High Court correct in upholding the terms of the consent decree directing petitioner to hand over possession of the entire suit property to the respondent – However, the consent decree erroneously recorded a 10% increase in mesne profits every year, instead of every alternate year – This is an error apparent on the face of the record – Rectified – Mesne profits to be treated as increasing by 10% every alternate year, from 2009 till the date of handover of possession – Consent decree modified to this extent – Suit – Code of Civil Procedure, 1908 – Or.XII, r.6. Decree – Consent decree – Law of – Discussed. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2021 INSC 97 |
Petitioner | Compack Enterprises India (p) Ltd. |
Respondent | Beant Singh |
SCR | [2021] 1 S.C.R. 866 |
Judgement Date | 2021-02-17 |
Case Number | 2224 |
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