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TUSHAR RAO GEDELA
Anjali Dhawan – Appellant
Versus
Anil Kumar Lumba – Respondent
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
CM APPL. 46062/2019
1. This is an application seeking condonation of delay in filing the present appeal.
2. For the reasons stated in the application, the application is allowed. The delay of 570 days in filing the present appeal is condoned.
3. The application is disposed of.
RFA 923/2019
4. Mr. Ramesh Kumar, learned counsel appearing for the appellant submits that by the efforts of the Delhi Mediation Centre, at Tis Hazari Courts, Delhi, the parties have amicably settled their disputes as noted by the mediation settlement dated 18.04.2022.
5. Learned counsel draws the attention to sub-para (i), (ii) and (iii) on the 1st prayer of the mediation settlement to submit that the present appeal is covered under (iii) of the mediation settlement inasmuch as the property, which was the subject matter of the present appeal has been mutually decided to be sold and proceeds thereof be distributed equally amongst three parties to the present appeal.
6. Mr. Kumar, learned counsel for the appellant draws the attention to para 2 of the mediation settlement to submit that the details in respect of how the property is t
The court has the authority to allow condonation of delay in filing an appeal and to modify orders in view of settlement terms reached through mediation.
The court has the discretion to permit parties to settle their disputes in the interest of justice, and a compromise/settlement agreement can be allowed if found to be legal.
The court upheld the legality of a settlement agreement between parties in a civil dispute, allowing the appeal to be resolved without further litigation.
The judgment emphasizes the validity and acceptance of a lawful compromise reached through mediation in a property dispute, and the directive for the Trial Court to act in accordance with the settlem....
Parties to a settlement agreement cannot retract from its terms once they have signed it voluntarily and affirmed it before the court.
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