Maintenance after settlement and one time payment

Mr. Syed Basheer Malik and Anr vs Mrs. Ahraf Jann Begum and Ors

Karnataka HC, Bengaluru Bench


R.F.A.No. 960/2003

About/from the judgment:



Section 96 of CPC


Merely because the Court while deciding the case on merits took note of the terms of the compromise and did not record a finding on merits in respect of the subject matter of compromise that would not render the judgment and decree a compromise decree. Admittedly defendants-9 and 10 are not parties to the compromise. Their claim and contentions are decided on merits. As they are aggrieved by the said finding they have a right to prefer an appeal under Section 96 of CPC. Therefore the appeal filed is maintainable and we do not see any substance in the contention that the appeal is not maintainable.

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