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march 2005

Supreme Court of India · 2005-03-09

K. Venkatachala Bhat And Anr vs Krishna Nayak (D) By Lrs. And Ors

Citation / case number
AIRONLINE 2005 SC 766
Court
Supreme Court of India
Petitioner
K. Venkatachala Bhat And Anr
Respondent
Krishna Nayak (D) By Lrs. And Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the Karnataka High Court erred in disposing of a writ petition based on a compromise memo and affidavit that were not signed by the appellants, violating the principles of Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The Court emphasized that a settlement cannot be enforced against a party without their consent, leading to the conclusion that the delay in filing the writ appeal was justified. The Supreme Court set aside the High Court's order and allowed the appeal, thereby restoring the appellants' rights.

K. Venkatachala Bhat And Anr vs Krishna Nayak (D) By Lrs. And Ors · Niyam