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SURESH KUMAR KAIT
Abhishek Jain – Appellant
Versus
Manoj Kumar Jain – Respondent
JUDGMENT
Suresh Kumar Kait, J. - EX.APPL. (OS) 1401/2021 (u/S. 151 CPC)
1. The present application has been filed by both the parties for recording compromise between the parties.
2. Vide order dated 06.12.2021, adjournment was sought to finally arrive at a settlement.
3. Today, learned counsel for judgment debtor appears and on instructions, has given an undertaking that matter has been settled between the parties out of the Court.
4. Learned counsel for the decree holder submits that the terms of compromise are incorporated in para 4 to 7 and 9 of present application and accordingly, prayed that the present execution petition be disposed of.
5. Accordingly, para 4 to 7 and 9 are incorporated in the compromise which are as under:-
"4. That the Judgement Debtor has agreed to pay to the Decree Holder a total sum of Rs.2,25,00,000/- as per the Schedule laid down hereinafter, and also on the terms laid down.
5. The Judgement Debtor has given a schedule, whereby the Judgement Debtor would be making payments to the Decree Holder on the terms and conditions as laid down herein.
The Judgement Debtor has paid to the Decree Holder a sum of Rs. 20,00,000/- (Rupees Twenty Lacs only) by Pay Order No. 0
The interpretation of Section 16A of the Court Fees Act, 1870, and its applicability to the refund of court fees in execution petitions.
Court endorsed the enforcement of a compromise agreement, ruling on terms of payment and the non-refundability of court fees under relevant provisions.
The court upheld the validity of an amicable settlement between parties in a specific performance case, emphasizing the importance of consent and equity in resolving disputes.
The court upheld the validity of a voluntary settlement between parties in a specific performance case, emphasizing the importance of good faith and equity in resolving disputes.
The main legal point established is the enforceability of a Settlement Agreement under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, and the court's authority to pass a decree based on suc....
The main legal point established in the judgment is that the provisions of Section 89 CPC and Section 16 of the Court Fee Act, 1870 can be applied to allow for the refund of court fees in cases where....
A lawful compromise between parties in a civil suit leads to case disposal and entitles the appellant to a court fee refund as per applicable law.
The main legal point established in the judgment is that court fee can be refunded to the parties where a compromise/settlement has taken place even outside the Court, in line with the intention behi....
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