1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S).  9167-9168 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 15872-15873 OF 2016]

RAVINDER KAUR                                 Appellant(s)

                               VERSUS

GAGANDEEP SINGH                               Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The parties have been in litigation for more than

two decades.  Having sensed that there is an element

of settlement, this Court passed the following order

on 04.07.2016 :-

“Heard  learned  senior  counsel  on  both

sides.   

We  are  of  the  view  that  the  minor

difference  of  opinion  between  close

family  members  should  be  settled

amicably  and  we  see  no  reason  why  it

could  not  be  settled  amicably  with  a

solution  as  acceptable  to  both  sides.

We are sure that learned senior counsel

would be in a position to find out such

a solution.   

In  that  view,  we  request  the  High

Court to defer the hearing which is now

slated to 7th July, 2016.

Post on 8th July, 2016.”

2

3. Thereafter,  on  08.07.2016,  the  parties  were

referred to the Supreme Court Mediation Centre.  The

parties  were  still  unable  to  reach  a  settlement.

Thereafter, when the matter came up to this Court on

20.03.2017,  after  hearing  the  learned  counsel,  we

requested  Sh.  Gopal  Subramaniam,  learned  senior

counsel, to make another attempt to purchase peace

between  the  parties.   The  learned  senior  counsel

graciously accepted the request.  It is reported that

there were other litigations between the parties and

thanks to the cooperation extended by them, all the

disputes  have  been  amicably  settled.   The  learned

mediator has submitted a comprehensive report dated

05.09.2018.   The  report  shall  form  part  of  this

Judgment.

4. These appeals are disposed of in terms of the

settlement as recorded at paragraph 20 of the Report,

which is acceptable to both the parties.  All other

litigations  referred  to  in  Paragraph  14  are  also

disposed of in terms of the settlement, as indicated

in  the  Report  of  the  learned  mediator.   The

settlement shall form part of the decree.   

5. We make it clear that the payments referred to in

Paragraph 20 of the Terms of Settlement, being part

of a partition among the members of the family, shall

not attract any tax by way of capital gains.

3

6. We  record  our  sincere  appreciation  for  the

strenuous  efforts  taken  by  Sh.  Gopal  Subramaniam,

learned senior counsel, who has spent months’ long

discussions with the parties and was finally able to

persuade  the  parties  to  settle  all  the  disputes

between them.  We also record our appreciation for

the support given and the positive approach taken by

the parties and their respective counsel.      

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ SANJAY KISHAN KAUL ]  

New Delhi; September 06, 2018.