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Supreme Court of India 2020-03-02 partly_allowed

Pawan Kumar Arya and others vs Ravi Kumar Arya and others

Bench: 2 — M.R. Shah

In Brief

Two groups of brothers settled a family dispute over property rights in several companies and real estate. Under the settlement (consent decree), one group (PA) was entitled to eight apartments worth 27,000 sq. meters; the other group (RA) got seven apartments worth 52,000 sq. meters and Rs. 45 crores. When RA refused to sign the allotment letter (Annexure E) for PA's flats, PA sought enforcement. Lower courts rejected this, saying supplementary terms must first be agreed. The Supreme Court held that while the parties must eventually execute complete supplemental terms, RA must immediately counter-sign Annexure E within two weeks. However, PA cannot sell those flats until all settlement terms are fully executed. Both groups must pursue final settlement terms within four months, as the decree required unified, not partial, performance."

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Family Settlements Consent Decrees Contract Interpretation Execution of Decrees Civil Procedure Family Law Implication of Terms

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