Full Judgment Text
Non-Reportable
2024 INSC 153
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No.5184/2011
SARASWATHI (DEAD) BY LRS. & ORS. ...Appellants
VERSUS
S.A. PALANISAMY & ORS. ...Respondents
J U D G M E N T
C.T. Ravikumar, J.
1. The captioned appeal is directed against the judgment and
order date 23.10.2008 in AS No.1397/1994 passed by the High Court
of Judicature at Madras, setting aside the judgment and decree
dated 30.09.1994 passed by the II Additional Sub Court at
Coimbatore in O.S. No.22/1986.
2. Heard Ms. V. Mohana, learned Senior Counsel appearing for the
appellants as also the learned counsel appearing for the
respondents.
3. Pending the appeal, the parties themselves have settled the
matter imbibing the spirit of the suggestion in that regard by this
Court and produced a Settlement Agreement dated 05.10.2023. The
same, produced along with their affidavits in I.A. No.216386/2023
Signature Not Verified
Digitally signed by
Vijay Kumar
Date: 2024.03.01
10:52:44 IST
Reason:
dated 15.10.2023, is taken on record. The parties have also
appeared before us through virtual mode. They would endorse the
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factum of Settlement of dispute involved in the instant case.
Obviously, the Settlement Agreement would reveal that all the
parties have put their signatures in it before the Trial Court
pursuant to the order of this Court dated 29.11.2023.
4. In terms of the Settlement Agreement, the appellants have to
hand over a “No Objection Certificate” as envisaged under Clause
(6) of the terms of the Settlement Agreement. The period fixed
therefor had already elapsed. The learned counsel for the
respondents, on instructions, would submit that period prescribed
therefor in terms of the Statement of Agreement can be extended by
two months from today. We have also interacted with the parties
and Mr. Karthik representing their side would fairly consent for
granting extension of the period prescribed in Clause (6) for the
aforesaid purpose, two months from today. In the said circumstances
the said clause, will stand modified only regarding the period
prescribed and by granting extension of time for the aforesaid
purpose, by two months from today. Since the parties are close
relatives and further taking note of the fact that the financial
liabilities have been fulfilled in terms of the Settlement
Agreement dated 15.10.2023, we are of the view that the impugned
judgment and decree in AS No.1397/1994 and the judgment in O.S.
No.22/1986 are liable to be set aside. Accordingly, they are set
aside. It is made clear that hereafter, the parties will be bound
by the terms and conditions in terms of the Settlement Agreement
dated 05.10.2023. The Registry shall draw a decree in terms of the
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Settlement Agreement dated 05.10.2023 and based on this judgment.
In view of this, final decree is to be drawn by this Court, the
proceedings pending before the II Additional Sub Court at
Coimbatore in relation to the execution of the decree in O.S.
No.22/1986 stands closed. To update the proceedings of the Court of
II Additional Sub Court at Coimbatore, a copy of this Order shall
be forwarded to the Court.
5. The Civil Appeal is disposed of, as above.
6. Pending application(s), if any, shall stand disposed of.
........................,J.
(C.T. RAVIKUMAR)
........................,J.
(RAJESH BINDAL)
NEW DELHI;
FEBRUARY 07, 2024.
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