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march 2005

Supreme Court of India · 2005-03-09

K. VENKATACHALA BHAT vs KRISHNA NAYAK (D) BY LRS. .

Citation / case number
SC 2003/9289
Court
Supreme Court of India
Petitioner
K. VENKATACHALA BHAT
Respondent
KRISHNA NAYAK (D) BY LRS. .
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA ARIJIT PASAYAT

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 natural justice. The Court emphasized that under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, a compromise must be agreed upon by all parties involved. Consequently, the Supreme Court set aside the High Court's order and allowed the appeal, reinstating the appellants' rights.

K. VENKATACHALA BHAT vs KRISHNA NAYAK (D) BY LRS. . · Niyam