ARSHAD MAHMOOD and others vs MAQBOOL AHMAD and others
This matter comes before the Supreme Court of Pakistan by way of an appeal by Arshad Mahmood and others against Maqbool Ahmad and others. The core legal question concerns whether the pending appeal can be disposed of in terms of an out-of-court compromise reached between the parties. The Supreme Court accepted the joint request of the learned counsel for the parties and examined the duly signed compromise deed, which enhanced the sale price from Rs. 15,000 to Rs. 25,000 and stipulated the deposit of the additional amount by the pre-emptor decree-holder within one month, failing which the trial court decree would be set aside. Holding that the compromise is lawful and acceptable, the Court allowed the appeal and disposed of the matter in terms of the compromise deed, making no order as to costs. The key principle laid down is that appellate proceedings may be lawfully concluded and decrees modified in accordance with a genuine, lawful out-of-court compromise verified by the parties' counsel.
- Can an appeal before the Supreme Court be disposed of in terms of an out-of-court compromise between the parties?
- What is the legal effect of a default in depositing the enhanced sale price specified in a compromise deed?
1. ' MUHAMMAD AFZAL ZULLAH, J.--Learned counsel for the parties state that the subject-matter of this appeal has been settled out of the Court through a compromise.Thcy have also prayed that this appeal may be disposed of in terms of the compromise. The compormise deed produced in the Court which is duly signed by both the Advocateson-Record, reads as follows- "(1) The parties in the above appeal have compromised the cause in the following terms.The compromise may he recorded and appeal disposed of accordingly.
(2) The terms of the Compromise are:- "The sale price of Rs,15,000 as recorded in the decree of the Trial Court may he enhanced to Rs,25,000. Respondent No,1--pre-emptor decree-holder be allowed a time of one month from today to deposit the additional amount of Rs,10,000 in the Trial Court in the name of the Vendees.The decree of the Trial Court in all other respects shall stand intact. In default, the trial Court decree shall he set aside."
2. In the circumstances of this case, the request for disposal of the appeal in terms of the Compromise Deed is allowed.The appeal is also allowed in terms of the afore-recorded compromise. There shall he no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.