DURGA PRASAD (DEAD) BY LRS.versusSMT. GITA KUMAR AND ORS.
- Citation
- 1995 INSC 780
- Decided
- 23 November 1995
- Disposal
- Disposed off
Holding
The appeal is disposed of on the basis of the parties’ compromise, and the court need not consider the merits.
Summary
The appellant, Durga Prasad (deceased) represented by LRs, appealed against a decree concerning the transfer of land held by the first respondent, Smt. Gita Kumar. The Patna High Court had earlier affirmed the respondent’s right to the land in Second Appeal No. 602/74. While the appeal was pending before the Supreme Court, the parties executed a memorandum of compromise whereby the respondent agreed to transfer her interest for Rs. 29,000, which was evidenced by a receipt dated 30 March 1980. The compromise was filed in the Supreme Court, and the court noted that the consideration had been received and passed on to the respondent. Relying on the principle that a matter settled out of court need not be examined on its merits, the Court disposed of the appeal without addressing the substantive controversy. No costs were awarded.
Issues considered
- Whether the appeal can be dismissed on the ground of a compromise decree filed by the parties
- Whether the court must examine the merits of the dispute after the parties have settled the matter out of court
Subjects
Judgment
DURGA PRASAD (DEAD) BY LRS. A
v.
SMT. GITA KUMAR AND ORS.
NOVEMBER 23, 1995
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] B
Compromise decree-Settlement in teJms of-Disposal of appeal.
In this appeal the parties have signed a memorandum of com-
promise wherein it has been clearly stated that the first respondent had C
willingly agreed to transfer her interest in the land for a valuable con-
sideration. Disposing the appeal, this Court.
HELD : Since the matter has been settled out of the Court, it is not
necessary to go into the controversy. [623-H]
D
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2738 of
1979.
From the Judgment and Order dated 29.8.78 of the Patna High Court
in Appeal from Appellate Decree No. 602 of 1974.
E
M.P. Jha for the Appellant.
The following Order of the Court was delivered :
It was stated in the memorandum of compromise filed in this Court,
that the first respondent had willingly agreed to transfer her right, title and
F
interest in the land, as found by the High Court of Patna in Second Appeal
No. 602/74, in the order dated August 29, 1978, for a valuable consideration
of Rs. 29,000 payable in lump sum as agreed between the parties. A copy
of the receipt dated 30.3.1980 has already been placed on record signed by
the husband of the first respondent that the said amount was already G
received by her. He stated therein that in his presence the amount was
- passed on to his wife. Under these circumstances, since the matter has been
settled out of the Court, it is not necessary to go into the controversy. The
appeal is accordingly disposed of in terms of the above compromise. No
costs. H
623
624 SUPREME COURT REPORTS (1995) SUPP. 5 S.C.R.
A The Registry is directed to communicate this order to the respon-
dents as they are not appearing in person or through counsel
T.NA. Appeal disposed of.
-·
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