Signatory to consent decree backtracks.
Balasubramanian
(Querist) 22 June 2014
This query is : Resolved
In a land dispute suit (Regular suit) the defendant had signed consent terms with the petitioner along with the members of his family,the family members were not parties to the suit,in fact it was suggested by the advocate for the Defendant to include other family members as signatories in consent terms before the Judge,so that they don't harass the petitioner filing unnecessary court cases after receiving compensation.The Judge in her order found the consent terms not in order and passed an order saying the consent terms inappropriate,now the defendant even after receiving the compensation as per agreed terms refuses to come to the court again for filing fresh consent terms as the property price has gone up and is blackmailing.The petitioner and defendant were properly identified by their respective lawyers before the Judge,with their Signatures affixed on the Consent terms when it was filed before the Judge.The petitioner has a stamped receipt for the compensation paid to the defendant.
now what is the remedy left for the Petitioner?to get a proper Decree!
Advocate Ravinder
(Expert) 22 June 2014
You have to file a civil case in the same court praying the court for mandatory injunction directing the defendants to file fresh compromise memo.
Rajendra K Goyal
(Expert) 22 June 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Signatory-to-consent-terms-backtracks--479386.asp
Ms.Usha Kapoor
(Expert) 10 July 2018
Repeated query. No need to reply.
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
