saran kumar (na) 02 July 2014

Out of court settlement

-> A and B got in to an agreement of sale of land.

-> B filed a suit against A for specific performance.

-> Court granted specific performance in favour of B

-> A choose to appeal.

-> A and B got in to out of court settlement the content of the agreement in a nut shell: C pays A in 3 months, if he doesn't land is A's. if A does not register on recieving the payment, C may get the decree passed in compitent court. And A will withdraw his appeal in 1month.

-> After 3 months C could not come up with complete payment. C payed 40% of total consideration after 3 months and taken the original docs of the land. Both parties extended the time for 3 more months.

-> still appeal is not with drawn .

PLEASE GIVE YOUR OPINION ON

-> IS IT NECESSARY TO WITHDRAW APPEAL.

-> IF c DOES NOT PAY WITHIN TIME HOW TO GET DOCS BACK.

->CAN c APPROACH COURT ASK TO CANCEL THE OUT OF SETTLEMENT AS c COULD NOT PAY AS PER AGREEMENT AND AMOUNT CONSIDERED IN DECREE IS VERY LESS COMPARITIVELY.

My query is very long i will be very thnkful for u r time. pls reply

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 02 July 2014

If the agreement was between A and B, the suit too was between A & B, the appeal is also between A & B, who is C here? What has he got to do with the agreement or out of court settlement or appeal or any dispute?Your query is not only too long but also irrelevant with contradicting information.

Laxmi Kant Joshi (Advocate ) 02 July 2014

Your query is not clear .

saran kumar (na) 02 July 2014

i am sorry i made mistake. Here is the corrected query.

-> A and B got in to an agreement of sale of land.

-> B filed a suit against A for specific performance.

-> Court granted specific performance in favour of B

-> A choose to appeal.

-> A and B got in to out of court settlement. the content of the agreement in a nut shell: B pays A in 3 months, if he doesn't land is A's. if A does not register on recieving the payment, B may get the decree passed in compitent court. And A will withdraw his appeal in 1 month.

-> After 3 months B could not come up with complete payment. B payed 40% of total consideration after 3 months and taken the original documents of the land. Both parties extended the time for 3 more months.

-> still appeal is not with drawn .

PLEASE GIVE YOUR OPINION ON

-> IS IT NECESSARY TO WITHDRAW APPEAL FOR 'A'

-> IF 'B' DOES NOT PAY WITHIN TIME HOW CAN 'A' GET LAND DOCUMENTS BACK IF 'B' DENY.

->IS POSSIBLE FOR 'B' BY ANY MEANS TO APPROACH HIGH COURT TO CANCEL THE AGREEMENT AND CONTINUE APPEAL.