Decree vs withdrawl of court case
Prafulla Hande
(Querist) 15 July 2015
This query is : Resolved
Sir,
There is property next to my property. I am interested to buy it completely. However it is under litigation. One of the defendant has sold out the complete property in the year 2000. There after many sale transfers have happened into it. Now there are @ 6 owners into it each holding part of it. In the year 2013 the plaintiff's which happen to be cousins of the first defendant's father in law and there heirs, have filed a suit in Jr. court. The court has passed exhibit 5 and put stay on the property along with partially agreeing their claim in property.
The plaintiff's have gone to Sr. court against the Jr. court verdict to get clear mandate in there favor. However there appeal was rejected.
Now they want to do settlement. Shall it be better for defendant's that
1. Plaintiff withdraws the case and do a compromise agreement with defendant's outside court. Gives consents to all previous sale deeds by registered document.
or
2.The compromise deed is done first where in the consent to all previous sale deeds will be taken into and decree is sought by court. Then the same be registered in registration office.
Best regards
Shekhar
Khaleel Ahmed Mohammed
(Expert) 16 July 2015
Hi,
According to you there is no case against the defendant as appeal dismissed. However both parties wanted to settle the matter in good terms can proceed with MOU . You are advised to visit www.mkatruelaw.com for paid services through online for drafting MOU .
Rajendra K Goyal
(Expert) 16 July 2015
Full case file need to be referred consult some senior lawyer.
Prafulla Hande
(Querist) 16 July 2015
Mr. Khaleel
Though the appeal is rejected by Sr. Division Court, the case is still ON in the Jr. Division Court.
