Procedure for out of court settlement

Querist : Anonymous (Querist) 30 September 2010 This query is : Resolved
Is it legaly possible to settle the case of title suit out of court during the pendency of the case.

Similar to Ayodhya case another case is is pending at Guwahati high court. Case was lounched in 1960 by a group of business men against the Sevait for a temple in the heart of town having a good commercial advantage of the land. The father of the founder sevait died before world war II, when the sevait was a small child and one shopowner doing business in the shop in the front of the temple plot started looking after the accounts and maintance as appointed by the founder sevait becouse this businessman was a freind of founder sebait also., however there is no wrtitten evidence for that. When the sevait after growing up when asked for the handover of accounts and documents to him a group of bessinessmen started a case in lower court for the title suit and one after another they filed more than 30 cases in different courts and fortunately the cases were decided in favour of the sevait. Utimately the District Court gave verdict in 1975. After facing the defeat the businessmen group filed an appeal in high court. This apeal is still pending since than. Opposite party approcesd the sebait as declared by the district court for the out of court settlement. District Judge in his order declaerd thst the lan land is a debotter property and Idols of deity are the owner,and the brhamin is the sebait and his late father founded the temple and other properties with his own mens and money without the help of others. In the out of court settlement The opposite party wants to devide the land into two unequal halves one bigger half for the temple and related buildings and second smaller half for the residential and commercial use of sevait, Opposite party also wants separate RORs for the two halves one in the name of deity and another in the name of sevait - is this possible as an independedent owner.

Can some one give a legal opinion and correct comment on this.

D S Pradhan

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Khaleel Ahmed Mohammed (Expert) 30 September 2010
Once the site is ment for temple, always it is for temple. As per the stated facts, trial court has passed orders infvour of temple. The other side preferred appeal against the order of the trial court,before High Court.Need not worry. Wait and see what will happen in the High Court. In my opinion there is no need to settle the matter out of court.

s.subramanian (Expert) 30 September 2010
If you desire to settle it you always have Order 23 Rule 1 of CPC to help you. It can be done even in appellate stages.

Devajyoti Barman (Expert) 01 October 2010
Right.

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