01Facts
The appellants challenged an order dated 9 February 2026 dismissing their applications under Order XXXIX Rules 1 and 2 CPC in Com.O.S. No. 1361/2025.
p. 3During the appeal, the parties settled their dispute concerning leased premises and filed a joint compromise petition under Order XXIII Rule 3 read with Section 151 CPC, seeking a consent decree.
pp. 3–5The compromise set terms for continued occupation, rent and charges, handover of possession, the security deposit, and withdrawal of related suits.
pp. 6–8The Court recorded that the parties were present, identified, and had entered the compromise voluntarily.
p. 402Issues
i.Whether the parties’ compromise was duly authorized and made voluntarily, without coercion or undue influence.
pp. 4–5ii.Whether the Court should dispose of the appeal by passing a consent decree in the terms of the compromise.
pp. 3–4, 903Law Applied
Section 13(1A) of the Commercial Courts Act, 2015 provides the basis for the commercial appeal.
p. 3Order XXIII Rule 3 read with Section 151 CPC was invoked for recording the parties’ compromise and passing a consent decree.
pp. 3–5The Court’s stated approach was to satisfy itself that the compromise was duly authorized and entered into freely, without force, coercion, or undue influence, before granting the requested decree.
pp. 4–5Provisions in the judgment · 4 · Linked ones open on LawLens
Code of Civil Procedure, 1908 Section 13Section 39Section 151
Commercial Courts Act, 2015 Section 13
04Reasoning
The parties filed a jointly signed compromise petition, supported by authorizations for their representatives, and their respective counsel also signed it.
p. 4After identifying the parties and interacting with them, the Court was satisfied that they had entered the compromise of their own free will and without coercion or undue influence.
p. 4On that basis, it accepted the compromise terms and did not adjudicate the underlying appeal on its merits.
pp. 4–905Holding
The Court accepted the compromise, directed that a consent decree be drawn in its terms, and disposed of the appeal accordingly.
p. 9The parties were permitted to seek a refund of court fees, if any, in accordance with the applicable rules.
p. 9Original Court PDF
M/S SANJEEVINI HEALTH CAREvsM/S.VIJAYALAKSHMI AND ASSOCIATES
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
