Out of court settlement done.cancel it and appeal again
01-May-2023 (In Property Law)
My father appealed challenging specific performance of contract order passed against him. My father went for out of court settlement and withdrew appeal as demanded by the other party. Now my father wants to want to cancel the agreement and appeal. Will this be accepted by the court?
Once the appeal has been withdrawn on the basis of a compromise made in an out of court settlement, the same cannot be restored or reopened in an ordinary manner. There is sanctity attached to a judgment of court which debars the litigating parties to lay a legal challenge to a judgment passed on the basis of their own unqualified undertaking given to court.
The only legal remedy now available to your father is to challenge the decree that was passed on the basis of the settlement made between your father and the other party. If the judgment is set aside by the court then the appeal may be heard.
The only legal remedy now available to your father is to challenge the decree that was passed on the basis of the settlement made between your father and the other party. If the judgment is set aside by the court then the appeal may be heard.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Legal Documentation for Claiming Ancestral Property Share Without Disp
- Agriculture land and house property are two separate entities or singl
- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
- Cancellation of registered agreement to sell
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."