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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. SAHOO, SIBO SANKAR MISHRA
Bharatendu Parija – Appellant
Versus
Orissa Rural Housing And Development Corporation Limited, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. landowners' claim and development agreement details. (Para 2 , 3) |
| 2. court's interim orders regarding possession of flats. (Para 4 , 5) |
| 3. settlement terms and compliance issues. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. challenges to the enforcement of settlement terms. (Para 12 , 13 , 14 , 15) |
| 5. no grounds for recalling the consent order. (Para 16 , 17) |
JUDGMENT :
Heard Mr. Ramakanta Mohanty, learned Senior Advocate appearing for the petitioners and Mr. Abhimanyu Parida, learned counsel appearing for the opposite party No.1.
“(i) Issue a Rule Nisi calling upon the Opp. Parties to show cause as to why a writ of prohibition should not be issued prohibiting them from in any manner dealing with the facts/area allocated to the petitioners as the “Owners Allocation” as per Annexure-1 to 5.
(iii) Further be pleased to direct the Opp. Party no.1 to handover the possession of the Flats under Annexure-5 series as owners‟ allocation.
(v) If the Opp. Parties fail to show cause or show insufficient cause make the said Rule Nisi absolute and further be pleased to issue a writ of certiorari/prohibition and/or declaration in line with the aforesaid Rule Nisi quashing Annexure-1.”
It further a
The court reaffirmed the binding nature of a valid settlement in property disputes, emphasizing that claims of fraud must be substantiated to alter enforceable agreements.
Fraudulently obtained consent terms are void; courts can evaluate past orders for legitimacy in contempt proceedings.
Challenges to compromise decrees based on fraud must be made in the court that issued the decree, and such allegations require substantial proof.
A compromise regarding property transfer is invalid if procured through fraud and lacks necessary documentation and registration.
Under Order XXIII Rule 1 of the Code of Civil Procedure, a Plaintiff can abandon the suit or part of the claim against selected Defendants, and the Court can accept a compromise if it is lawful. The ....
(1) Power of attorney - In absence of power of attorney, OPs No. 1 & 2 have no power to construct the building or to execute and register the deed of conveyance in favour of the complainant.(2) Natur....
The court upheld the compromise order, finding no evidence of coercion, and directed the respondent to execute a sale deed for the entire property after regularisation.
The judgment emphasizes the responsibility of the Court to ensure that parties, especially illiterate ones, understand the terms and consequences of a compromise before accepting it.
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