VidhiSangh

Supreme Court of India · 20/09/2018

MUNI REDDY & ANR. versus C. NAGARAJU & ORS.

[2018] 11 S.C.R. 745 · 2018 INSC 842

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court remanded the second appeal because the High Court had bypassed the disputed compromise’s validity and proceeded to the merits. It first had to determine whether the compromise was genuine, lawful and binding. A valid compromise would preserve the earlier compromise disposal; an invalid one would require setting that order aside and reviving the second appeal for decision on merits. Evidence could be recorded through the trial court.

Issues

  1. Whether the High Court could decide the second appeal on merits without first resolving the disputed compromise pursuant to the earlier Supreme Court remand.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and matter remanded to decide the compromise question first, preferably within six months.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 745.