DURGA PRASAD (DEAD) BY LRS. versus SMT. GITA KUMAR AND ORS.

Since the parties settled their dispute out of court through a memorandum of compromise and the agreed consideration was paid, there was no necessity for further adjudication of the controversy.

Parties: Appellant: Durga Prasad (Dead) by LRs.; First Respondent: Smt. Gita Kumar; Other Respondents: Ors.
Jurisdiction: India
Judgment Date: 23 November 1995
Procedural Posture: Civil Appeal / Disposal After Compromise at Supreme Court
Outcome: Appeal disposed of in terms of the compromise; no costs.
Legal Topics: Compromise Decree, Settlement, Transfer of Property

Civil Law Compromise Decree Settlement Transfer of Property

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Parties

Durga Prasad (Dead) by LRs.

Appellant

Smt. Gita Kumar

First Respondent

Ors.

Other Respondents

Procedural Posture

Civil Appeal / Disposal After Compromise at Supreme Court

Legal Issues

1 Whether the appeal should be disposed of in terms of the memorandum of compromise.

Ratio Decidendi

Since the parties settled their dispute out of court through a memorandum of compromise and the agreed consideration was paid, there was no necessity for further adjudication of the controversy.

Court Disposition

Appeal disposed of in terms of the compromise; no costs.

Orders

Appeal disposed of in terms of memorandum of compromise.
Registry to communicate this order to the respondents.