MOHAN M. SHANTANAGOUDAR, VINEET SARAN
COMPACK ENTERPRISES INDIA (P) LTD. – Appellant
Versus
BEANT SINGH – Respondent
A consent decree is a legal agreement between parties that is approved and issued by the court, creating a binding judgment that settles the dispute. It is intended to reflect the true intentions of the parties and to resolve the issues in controversy, often involving terms such as payment of sums, transfer of possession, or other obligations.
Once a consent decree is recorded and approved by the court, it generally creates an estoppel, preventing the parties from re-litigating the same issues. Courts tend to exercise caution before modifying or interfering with the terms of a consent decree, as it embodies the parties' compromise and settlement. However, the court may exercise its inherent jurisdiction to correct or modify the decree if there is a clear and apparent error on the face of the record, or if the decree does not accurately reflect the parties' true intentions.
In the provided document, the court emphasized that consent decrees are intended to create finality and prevent further disputes between the parties. The court will only consider interference in such decrees in exceptional cases where an obvious or glaring mistake is evident. For example, errors in recording the terms, such as the frequency of percentage increases or the scope of possession, may be corrected if they are apparent and do not alter the fundamental agreement of the parties.
In summary, a consent decree is a court-approved agreement that is binding on the parties, and courts are generally reluctant to modify it unless there is a clear, obvious mistake or error that warrants correction to reflect the true intention of the parties.
JUDGMENT :
MOHAN M. SHANTANAGOUDAR, J.
1. These petitions arise out of judgments of the High Court of Delhi (hereinafter ‘High Court’) dated 14.02.2019 and 25.07.2019. By the first impugned judgment dated 14.02.2019, the High Court disposed of the regular first appeal RFA No. 253/2018 filed by the Petitioner against judgment and order of the Ld. Additional District Judge, Rohini (‘Trial Court’) dated 23.09.2017 in Suit No. 58395/2016 filed by the Respondent. Whereas by the second impugned judgment dated 25.7.2019, the High Court disposed of Review Petition No. 177/2019 filed by the Petitioner against the judgment in RFA No. 253/2018.
I. Background Facts
2. These cases concern a suit for possession and mesne profits filed by the Respondent/plaintiff against the Petitioner/defendant, with respect to the ground floor of the property bearing No.B-60, Ground Floor, G.T. Karnal Road, Industrial Area, Delhi-110033, admeasuring 608 sq. yards (or, 5,472 sq. ft.) (hereinafter ‘suit property’).
3. The Respondent, Beant Singh, is the owner of the suit property. He, through M/s Channa Auto Agencies (P) Ltd. (of which he is a Director), executed a license agreement dated 1.11.2000 in respect of a po
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