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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 — Ashok Bhushan, M.R. Shah

In Brief

This case involved a dispute over real estate assets between two branches of the Arya family (PA Group and RA Group) relating to apartment allotments from a development project. The parties had entered into a comprehensive family settlement agreement in the form of consent terms to resolve their disputes, allocating 8 apartments to PA Group and 7 to RA Group. RA Group refused to execute the required counter-signature on the allotment letter for PA Group's apartments, claiming that supplementary consent terms had not yet been finalized. The Supreme Court held that consent decrees representing family settlements cannot be partially executed; both parties must fully comply with all terms. However, to ensure fairness, the Court directed RA Group to counter-sign the allotment letter within two weeks, while restricting PA Group from selling the apartments until the supplementary terms are fully executed within four months, thereby ensuring compliance by both parties.

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Family Law Civil Procedure Consent Decrees Execution of Decrees Family Settlements Real Estate Specific Performance

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