Property Dispute Resolved: Supreme Court Disposes of Civil Appeal After Settlement

The Supreme Court of India recently ruled on the case of V.M. Manomani & Ors. vs. Shanthi, a property dispute that had been ongoing for several years. The matter was brought before the Supreme Court in a civil appeal, but during the proceedings, the parties reached an out-of-court settlement. As a result, the Supreme Court disposed of the appeal, marking the conclusion of the dispute.

Background of the Case

The dispute involved a property conflict between the appellants, V.M. Manomani & Others, and the respondent, Shanthi. Over the course of legal proceedings, ownership and possession rights over the property became a contested issue, leading the parties to seek resolution in the highest court.

During the Supreme Court proceedings, both parties informed the Court that they had settled the matter outside of court. Additionally, it was brought to the Court’s attention that the disputed property had been transferred to a new owner, Mr. Maurice Rosario Menezes. Subsequently, an application was filed on behalf of Mr. Menezes for the disposal of the civil appeal, as he had acquired the property through the settlement.

Arguments of the Appellants (V.M. Manomani & Ors.)

• The appellants initially challenged the claim of the respondent over the disputed property.
• They contended that they had a rightful claim over the suit property.
• However, after negotiations, they agreed to settle the matter out of court.

Arguments of the Respondent (Shanthi)

• The respondent argued that she had legal rights over the disputed property.
• During the settlement process, she agreed to transfer the property to Mr. Maurice Rosario Menezes.
• Following the resolution, she supported the request for the Supreme Court to dispose of the appeal.

Supreme Court’s Judgment

After reviewing the submissions of both parties and taking into account the settlement agreement, the Supreme Court passed the following order:

1. Appeal Disposed of Due to Settlement

The Court acknowledged that the parties had amicably settled the dispute outside of court. The Court stated:

“In view of the settlement between the parties, nothing survives in this appeal, which is, accordingly, disposed of.”

2. Application Filed by the New Owner

The Court also took note of an application filed by Mr. Maurice Rosario Menezes, the new owner of the suit property. As the property had already been transferred to him, he sought the disposal of the civil appeal.

3. No Orders on Costs

The Supreme Court ruled that there would be no orders as to costs, meaning that neither party was required to bear the other’s legal expenses.

4. Disposal of Pending Applications

All pending applications related to the case were also disposed of.

Conclusion

The Supreme Court’s ruling in this case highlights the importance of amicable dispute resolution. Instead of continuing prolonged litigation, the parties opted for an out-of-court settlement, ensuring a faster and mutually beneficial resolution. The case also underscores the Court’s role in acknowledging and formalizing such settlements to provide legal closure.

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Download Judgment: V.M. Manomani & Ors. vs Shanthi Supreme Court of India Judgment Dated 27-11-2017.pdf