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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

PA Group and RA Group settled a family dispute via consent decree, dividing 15 apartments from a Worli property development: 8 to PA Group, 7 to RA Group. The parties also agreed to execute supplemental consent terms resolving disputes over other joint holdings. RA Group refused to counter-sign PA Group's allotment letter (Annexure E), claiming supplemental terms were a precondition. The High Court dismissed PA Group's execution petition. The Supreme Court held that while supplemental terms must be executed, partial enforcement of a consent decree is impermissible. Both parties must fully comply. RA Group must counter-sign the allotment letter within two weeks, but PA Group cannot sell those apartments until supplemental terms are finalized. Both parties directed to execute supplemental terms within four months.

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Civil Procedure Consent Decrees Family Settlements Execution of Decrees Contract Interpretation Specific Performance

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