Supreme Court of India
Sakina Sultanali Sunesara (momin) v. Shia Imami Ismaili Momin Jamat Samaj & Ors
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What the Court ordered
For the reasons recorded above, the civil appeals fail and are dismissed. [2025] 4 S.C.R. 1935 Sakina Sultanali Sunesara (Momin) v.
Judgment, page 14
From the headnote
Issue for Consideration Issue arose whether a litigant who was already a party to the suit, yet contests the fact or legality of a compromise embodied in a decree, is restricted to an application before the trial court under the proviso to Ord. XXIII r.3 CPC or may maintain a first appeal u/s.96 CPC notwithstanding s.96(3) CPC. Headnotes† Code of Civil Procedure, 1908 – s.96, Ord.XXIII r.3, Ord.XLIII r.1A(2), r.1(m) – Compromise of suit – Appeals from original decrees – Right to challenge non-appealable orders in appeal against decree – Dispute between parties regarding sale deeds of suit
Authorities it was built on
- 2006 Pushpa Devi Bhagat (d) Th. Lr. Smt. Sadhna Rai v. Rajinder Singh and Ors.
- 1992 Banwari Lal v. Smt. Chando Devi (through L.r.) and Anr.
- 2020 Triloki Nath Singh v. Anirudh Singh (d) Thr. Lrs. & Ors.
- 2022 M/s. Sree Surya Developers and Promoters v. N. Sailesh Prasad and Ors.
- 2021 H. S. Goutham v. Rama Murthy and Anr. Etc.
- 2005 Klshun @ Ram K!shun (dead) through Lrs. v. Bihari (dead) by Lrs.
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