2024 INSC 970
1
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 14328/2024 @ SLP (CIVIL) NO. 27723 OF 2024
NAVRATAN LAL SHARMA ...APPELLANT(S)
VERSUS
RADHA MOHAN SHARMA & ORS. …RESPONDENT(S)
J U D G M E N T
PAMIDIGHANTAM SRI NARASIMHA, J.
1. Leave granted.
2. The appellant initially filed a suit for declaration and
injunction, which was dismissed by the Trial Court. The appellant
then filed a first appeal. During its pendency, the parties reached
a compromise, agreeing to dispose of the appeal based on its terms.
On 14.07.2022, the High Court decided the appellant’s application
under Order 23, Rule 3 of the Code of Civil Procedure, 19081 and
disposed of the first appeal in terms of the compromise. However,
when the respondent failed to comply with the compromise terms,
the appellant filed an application to restore the appeal.
1 Hereinafter “CPC”.
2
Unfortunately, this application was dismissed by the order
impugned before us, citing that the High Court had not granted
liberty for restoration of the appeal while recording the
compromise.
3. After careful consideration of the statutory framework and
Order 23, Rules 3 and 3A, as informed by relevant judicial
precedents, we have allowed the appeal. We have directed that, in
such circumstances, restoration is the sole remedy, which the
aggrieved party may exercise as a statutory right....