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.