Back
2025 Supreme(SC) 1800
SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR, JJ.
Raksha Devi – Appellant
Versus
Parkash Chand – Respondent
Civil Appeal No(s). 7435 of 2012
Decided On : 24-09-2025
For the Appellant : Mr. Akhil Sachar, Adv., M/S. Karanjawala & Co., AOR Ms. Babita Rawat, Adv.
For the Respondent: Mr. G. Arudhra Rao, Adv., Mr. Merusagar Samantaray, AOR..
Mediation is an effective approach for resolving disputes, encouraging lawyers to develop skills that prioritize listening and persuasion over adversarial litigation.
Headnote:(A) Mediation - The court acknowledged the successful mediation process conducted by the appointed mediator leading to settlement of a long-standing civil dispute. The parties expressed trust in the mediator's efforts, showcasing the efficacy of mediation as an alternative to litigation. (Paras 1-7)
Facts of the case:
The litigation spanned almost four decades, and a mediator was appointed to facilitate settlement. The parties engaged in discussions regarding the division of agricultural land and property.
Findings of Court:
The court commended the mediator's work and laid down terms for the settlement regarding the land distribution and property retention.
Issues: The primary issue concerned the resolution of a long-standing civil dispute through mediation.
Ratio Decidendi: The court emphasized the importance of mediation in dispute resolution and suggested that legal professionals should cultivate mediation skills and adopt a more conciliatory approach, moving away from adversarial attitudes.
Result: Civil Appeal disposed of in terms of the settlement reached between the parties.
Based on the provided legal document, here are the key points:
- The Civil Appeal, filed in 2012 and pending for nearly four decades, was successfully concluded through mediation efforts by Senior Advocate Gaurav Agrawal, resulting in a settlement between the parties (!) .
- The mediation process was initiated on October 23, 2024, after the matter had been listed for hearing for a long period (!) .
- Counsel for the appellant, Mr. Akhil Sachar, commended the mediator for traveling to Hamirpur, Himachal Pradesh, to inspect properties and interact with family members, which built trust and facilitated resolution (!) .
- Counsel for the respondent, Mr. G. Arudhra Rao, also appreciated the mediator's work and confirmed that his client agreed to the suggestions and requested the disposal of the appeal based on the agreement (!) .
- The Court highlighted that the counsel witnessed the efficacy of mediation over adversarial litigation, emphasizing trust and simplicity (!) .
- The Court noted that the mediator adopted a selfless endeavor, shifting from an argumentative lawyer demeanor to a conciliatory approach by traveling to the village (!) .
- The Court emphasized that lawyers must evolve into mediators by cultivating new skills focused on listening rather than speaking, advocating for a "swadeshi mediation" model that integrates goodness with professionalism (!) .
- The Civil Appeal was disposed of with specific directions regarding the division of agricultural land in village Jharlog Uparla, including measurement and allocation of specific plots to the respondent (!) (!) .
- The settlement terms mandated that the House and cow-shed in the Abadi Area, along with shops and the land beneath/behind them, be retained by the appellant Raksha Devi and her children (!) (!) .
- The Registry was directed to draw a formal decree in accordance with the settlement terms outlined in the judgment (!) .
| Table of Content |
|---|
| 1. resolution through mediation concluded the appeal. (Para 1 , 2) |
| 2. counsel's appreciation of mediation efforts. (Para 3 , 4) |
| 3. importance of mediation over litigation. (Para 5 , 6 , 7) |
| 4. settlement terms for land and properties. (Para 8) |
| 5. formal closure and decree compliance. (Para 9 , 10 , 11) |
JUDGMENT :
1. After almost four decades, a protracted litigation has reached a satisfying conclusion, owing to outstanding efforts of Sr. Adv. Gaurav Agrawal, appointed by this Court as the mediator. He successfully brought about a settlement between the parties, and we are happy to dispose of this Civil Appeal in terms of the agreement reached.
2. Notice on the present case was issued way back in November 2011. When the matter came up for hearing before us on 23.10.2024, we requested Mr. Gaurav Agrawal to undertake the process of mediation.
3. When the mediation report was placed before this Court, Mr. Akhil Sachar, learned counsel appearing on behalf of the appellant, commenced with thanking Mr. Gaurav Agrawal. He submitted that he never realized that an advocate could transcend his routine duty of presenting arguments before the Court to this extent. He elaborated by saying that Mr. Gaurav Agrawal travelled all the way to Hamirpur, Himachal Pradesh, interacted with rival members of the family and, along with them, went to inspect the land and other properties in the village. Mr. Sachar submitted that the parties trusted the mediator, the direct consequence of which is resolution of this dispute.
4. Mr. G. Arudhra Rao, learned counsel for the respondent, joined Mr. Sachar in appreciating the efforts of Mr. Gaurav Agrawal. While ably shouldering the difficult responsibility of conveying the initial disagreement of his client on certain issues, he was happy to inform us that his client has finally agreed to the suggestions of the mediator and has requested us to dispose the civil appeal in terms of the agreement.
5. More than anything, we are happy to see that the young and able members of the bar, Mr. Akhil and Mr. Arudhra, got a chance to witness the power of trust, simplicity and efficacy of the technique of persuasion through mediation, as opposed to adversarial in litigation.
6. We believe that the essence of dispute resolution lies in selfless endeavour which is at the core of harmonious living. This is precisely what transpired, as the mediator shed the argumentative skills and adversarial demeanor of a lawyer and embarked on a journey to Hamirpur to mediate the dispute between the parties.
7. If lawyers are to double-up and evolve as mediators, a development which we consider is inevitable, they must cultivate a distinct set of skills and adopt a new attitude towards dispute resolution, one that diverges from adversarial litigation. The acquisition of these skills and mind set begins with revisiting certain traditional techniques and practices developed for argumentation. Here, the fundamental principle is to listen, rather than speak. Mediators speak by listening. The model of mediation that we envision for our country, which may be termed swadeshi mediation, involves transcending the binary often embedded in western approaches, where professionalism is separated from individual character. Goodness is an essential value, it is neither divorced from professionalism nor unattainable through power of the will.
8. In view of the settlement as reported to us, we dispose of the Civil Appeal with the following directions;
i) the Agricultural Land no. 2022/11288 comprising in Khata no. 41, Khatoni Nos. 126 to 137, Khasra no. 150 admeasuring 12K-13M in village Jharlog Uparla Tappa Mehlata, Tehsil Moranj, District Hamirpur, which is shown in the name of appellant Raksha Devi be measured by the Patwari in the presence of both the parties.
ii) the respondent Prakash Chand may choose 7 Kanals, 10 Marlas of the demarcated land and the same shall be handed over to him by the appellant in the presence of the Patwari.
iii) the House and
