VidhiSangh

Supreme Court of India · 15/07/2019

SOBHA SINGH AND SONS PVT. LTD. versus SHASHI MOHAN KAPUR (DECEASED) THR. L.R.

[2019] 9 S.C.R. 949 · 2019 INSC 756

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Summary

Failure to draw a formal compromise decree did not render the pending execution application unmaintainable. Until formal preparation, the compromise judgment could operate as the decree by applying the principle of Order XX rule 6-A(2). A formal decree nevertheless remained necessary and was to be obtained through section 151 and Order XX rule 6-A, rather than the clerical-error correction power. The tenant’s objections were rejected, with reduced costs and a defined final period to vacate.

Issues

  1. Whether execution could proceed before the formal compromise decree was drawn.
  2. How the procedural omission should be cured and what relief followed.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and execution restored subject to formal decree preparation. Costs reduced to Rs.50,000 payable within one month. Decree application within two weeks and drawing within one week thereafter; tenant allowed one month after formalities to vacate after paying arrears.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 949.