Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit – Appellants-plaintiff filed civil suit against therespondents-defendants for cancellation of sale deed – Suit wasdismissed by the trial Court and the first Appellate Court –Partiescompromised the matter – Pursuant thereto, High Court by orderdated 10.04.2002 disposed of the appeal in terms of compromisearrived between the parties –Thereafter, defendant no.2 filedapplication in the disposed of appeal to recall the order dated10.04.2002 – Application was dismissed by the High Court throughorder dated 23.07.2002 – However, Supreme Court set aside theorder dated 23.07.2002 and remitted the matter back to the HighCourt for fresh consideration including consideration of thecompromise petition – High Court did not pursue the proceedingsin relation to the genuineness of the compromise petition and decidedthe appeal on merits – Held: High Court erred in interpreting theorder of the Supreme Court – High Court was required to decidethe compromise petition first because if the compromise was held tobe legal and proper, there was no need to decide the appeal onmerits – Order of the High Court was passed without properlyappreciating the purport of the directions of the Supreme Court –Case remanded back to the High Court for deciding the matter afresh. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 842 |
Petitioner | Muni Reddy Ans Anr. |
Respondent | C. Nagaraju And Ors. |
SCR | [2018] 11 S.C.R. 745 |
Judgement Date | 2018-09-20 |
Case Number | 2342 |
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