Hello Sir, my mother's sister in law had filed court case on my mother regarding a civil dispute in which the property we had allowed them to stay as caretakers was in the name of my mother and they were refusing to vacate. Now they want to settle it out of court and take back their case. I request all to tell me the procedure to take back civil suits filed in Sessions and District Courts legally as well as out of court settlement. One main issue in this entire matter is that they try to fool the courts and file cases and take it back again and again. In 2017 also they had file suit against us and withdrawn it and again after asking them to vacate our house, they had again filed case in 2018. Please suggest me the best method and legal procedure for me to follow in this entire matter so that if they are saying they will take back their civil suit and vacate our house than they should not be allowed to again file suits later on and waste time of the Courts. Kindly help me in this entire matter and documents to be taken from their side even if now they want a out of court settlement. Thank You
Persons Holding Premises Gratuitously Won’t Acquire Any Legal Right On The Property. And once case is withdrawn than cannot be file on same cause of action.
Better settlement should record in court order than they cannot move back.
Execute settlement on stamp paper attested by two witness and duly notorise and request court to pass withdrawal on the basis settlement on record.
File consent terms in court wherein they agree to vacate premises within 3 months or so
in event they fail to vacate they would pay market rent for property
1. Since they are willing to vacate the property then file a petition under order 23 rule 3 of cpcp in the court.
2. This is a compromise petition wherein their intention and date to quit the premises would be mentioned along with their desire to withdraw the suit as well.
3 Once this is done the court on the basis of comprise petition can grant a decree of ocurt which on non compliance cna be implemented through execution proceeding as well.
1. enter into a memorandum of understandings/agreement, which will contain the complete terms & condition of settlement between the parties,
2. submit the said MOU/agreement in the court and exhibit the same so that both parties remain loyal to the said MOU,
3. reduce all terms & conditions in writing with the help of a professional lawyer through MOU,
the said MOU may reduce the risk of repeating litigation,
- As per law, civil suit is not maintainable on the same cause of action .
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- Since, matter is already settled out of court , hence either they should enter into a settlement deed /agreement after mentioning the terms and conditions in details. and further submit the same at the time of withdraw the cases from the court.
- Otherwise, at the time of withdrawing the cases , your mother or her lawyer should prayed before the court that she must give her statement before the court , that she will not file any case against her relating to the said property in future.
It's always better to take compromise decree from the court on the terms settled between the parties. The terms of settlement become the part of decree and binding upon the parties to the suit and all the more compromise deed cannot be challenged.
Well withdrawl of case is best method wiyhout taking any liberty from the court like libetty to file it again or they can just lose the case in the court in thw form of dismisal.
One thing you can do is have there sign on settlement agreement so that they can not deny it later.
Sir,
Dear Sir/madam,
It is suggested that you take the case to the mediation center of the court and get the consent decree passed. If not, settle the matter in Lok Adalat being held by the Court because thereafter the same can't be misused and the party will be stopped to proceed further in the same matter again and again.
You can file a consent terms before the said court and include all the said conditions in the same
1. You can not stop her from approaching the Court unless it is on a pre-decided matter.
2. .You can make a settlement agreement with her duly register it..
3. Thereafter she should file an application for withdrawing her case attaching the said registered agreement to ensure that the order allowing the withdrawal of the case makes a mentin about the said registered settlement agreement.
4. If this is done then if next time she files a case on the same issue, you can contest it fittingly submitting the current court border along with the settlement agreement.
5. You shall have to ensure that the terms of the agreement are complied with by your mother alo.
Both the parties should file an affidavit stating that they have arrived at an out of court settlement and compromised the matter on the following conditions which may be drawn in the compromise decree.
Order XXIII Rule 3 CPC pertaining to the compromise of the suit is as follows:
"Compromise of suit: Where it is proved to the satisfaction of the court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, in writing and signed by the parties or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not "the subject-matter of the agreement, compromise or satisfaction is the same as the subject matter of the suit."
A compromise decree is not a decision of the Court, nor can it be said that a decision of the Court was implicit in it. It is the acceptance by the Court of something to which the parties agreed.
A consent decree (Compromise decree) does not stand on a higher footing than a contract between the parties. The Court always has the jurisdiction to set aside a consent decree upon any ground which will invalidate an agreement between the parties. In the absence of any such ground, the consent decree is binding on the parties.
1. See firstly they should he asked to vacate house and give possession to your mother secondly you they may enter into mutual settlement agreement.
Further since they have filed suit they have to.file an application before the court stating that the parties has settled the matter out of court and they wish to withdraw suit .
Get it mentioned in the withdrawal Statement that they will vacate the premises
Dear Sir,
Once both the parties agree upon the terms, draw a settlement agreement and request the court to pass a consent decree in accordance to the terms of that agreement.
If the other side refuses to follow the terms after that you can initiate execution proceeding and/or contempt of court proceedings before the High Court.
Best wishes.
In the event both the parties have arrived at a compromise and one of them is willing to withdraw the case, then such party has to file an advance hearing of the case along with a joint memo of compromise for the purpose of such terms of compromise forming part of the compromise decree to be ultimately passed by the court.
In the second situation, if the plaintiff/the person who has filed the suit either wants to withdraw the suit or abandon part of his claim, he can file a memo of withdrawal under order 23 rule 1 CPC
1. All the parties to the court dispute can execute a registered "Settlement Deed" with proper clauses to indemnify each other against all losses, damages, compensations etc.... and date of peaceful vacating the property and not to file legal cases against each other etc....
2. AFTER above, submit the certified copy of Settlement Deed in court, via a Jointly Signed Application, informing the court that settlement has been reached and permission may be granted to close the matter.
Make the settlement deed and file the same in the court along with an application for withdrawal of the case.
the said agreement will be decreed by the court.
Regards
1. Withdrawal of suit can take place by filing an application in the civil court.
2. If there is a fresh cause of action then a fresh suit can always be filed in the court.
3. Let them record their statement in the court wherein they undertake to withdraw the suit within a fixed time period. If they do not honour their statement then you can file execution petition.
You should ask them to give a joint statement in court regarding out of court settlement between parties and they should withdraw the case after giving statement in court regarding vacation of premises due to settlement with respondents.
You may settle the case by making a compromise agreement and filing it before a civil court where the cases are pending. All the facts must be stated and then court will pass a decree.
If you want an out of court settlement then too make an agreement on a stamp paper and register it.
