Supreme Court of India
Hemantha Kumar v. R. Mahadevaiah & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above, the High Court has committed a grave/ serious error in setting aside the consent decree dated 18.08.2007 passed in the Lok Adalat, which was presided over by the very learned Trial Court Judge.
Judgment, page 7
From the headnote
Code of Civil Procedure,1908 – Or.XXIII, r.3 – Consent decree – Grant of – The original plaintiff instituted suit for specific performance of the agreement to sell – Before the Trial Court plaintiff and defendants submitted an application under Or.XXXIII, r.3 and requested to pass consent decree as parties have settled the dispute – Trial Court referred the matter to Lok Adalat – Lok Adalat passed the consent decree – Defendants filed writ petition before the High Court challenging the consent decree on ground of fraud – High Court set aside the consent decree, observing that counsel for the…
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