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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Charulata Beura – Appellant
Versus
Ranjana Pradhan – Respondent
| Table of Content |
|---|
| 1. background of mediation settlement agreement. (Para 1 , 2 , 3 , 4) |
| 2. trial court's refusal to decree based on compromise. (Para 5 , 6) |
| 3. arguments supporting the validity of mediation decree. (Para 8 , 9 , 10) |
| 4. statutory framework for mediation under cpc. (Para 11 , 12 , 13) |
| 5. suitability for mediation regarding easement rights. (Para 14 , 15) |
| 6. court's obligation to decree based on mediation. (Para 17 , 18) |
| 7. final decree based on mediation agreement. (Para 19) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The petitioners, who are plaintiffs in C.S. No.992 of 2017 pending in the Court of learned Additional Civil Judge (Senior Division) Cuttack, have filed this application seeking to challenge the order dated 27.06.2024 passed by the said Court in refusing to decree the suit in terms of the settlement arrived between the parties by way of mediation.
2. The suit in question has been filed by the plaintiffs inter alia, seeking the following relief:-
“(A) That a decree declaring that the plaintiffs have right of user of the 'A' schedule property as passage may be declared and their such user over the same may be confirmed.
(B) That a decree for perpetual injunction may be passed agai
Mediation settlements are binding and must result in a decree, as mandated by Section 89 of the CPC, overriding the need for additional evidence to support declarations.
Bar to suit - No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful
A suit where a decree based on compromise is not challenged, but compromise itself is called into question, would also be barred by provisions of Order XXIII Rule 3A of CPC.
A suit challenging a compromise decree not challenged, but the compromise itself is called into question, would be barred by the provisions of Order XXIII Rule 3A of CPC. Additionally, a third party,....
Mediation cannot be imposed on unwilling party in family disputes without mutual consent and realistic settlement possibility, aligning with legislative intent in amended CPC Section 89 and Mediation....
A party cannot challenge a compromise decree through a separate suit due to the restrictions imposed by Order 23 Rule 3-A of the Civil Procedure Code.
The bar under Order XXIII Rule 3A of the CPC does not apply to a stranger to the compromise, and the plea of limitation is a mixed question of fact and law to be determined after evidence has been le....
The court upheld the validity of a Settlement Agreement reached through mediation, leading to a decree in favor of the plaintiff and a refund of court fees.
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