Bombay High Court
Vaishali Prashant Sant And ... vs The Sub Divisional Officer Land ... on 3 July, 2021
Bench: V. V. Kankanwadi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
SECOND APPEAL NO.805 OF 2017
WITH
CIVIL APPLICATION NO.15503 OF 2017
1 Smt. Vaishali wd/o Prashant Sant,
Age 32 yrs., Occ. Household,
2 Kum. Shrawni d/o Prashant Sant,
Age - Minor, Occ. Education,
Through her natural guardian mother
(appellant No.1)
Both are r/o Plot No.10-A, N-9,
B-Sector, Yashwant Housing Society,
Aurangabad.
... Appellants
... Versus ...
1 Prakash Damodharrao Sant,
Age 69 yrs., Occ. Retired,
2 Janabai Prakashrao Sant,
Age 69 yrs., Occ. Household,
Both are R/o Plot No.10-A, N-9,
B-Sector, Yashwant Housing Society,
Aurangabad.
... Respondents
...
Mr. P.S. Shendurnikar, Advocate for appellants
Mr. N.D. Sonawane, Advocate for respondent Nos.1 and 2
...
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WITH
WRIT PETITION NO.1518 OF 2018
1 Smt. Vaishali wd/o Prashant Sant,
Age 32 yrs., Occ. Household,
2 Kum. Shrawni d/o Prashant Sant,
Age - Minor, Occ. Education,
Through her natural guardian mother
(appellant No.1)
Both are r/o Plot No.10-A, N-9,
B-Sector, Yashwant Housing Society,
Aurangabad.
... Appellants
... Versus ...
1 The Sub Divisional Officer
@ Land Acquisition Officer,
Aurangabad.
2 Prakash Damodharrao Sant,
Age 69 yrs., Occ. Retired,
R/o Plot No.10-A, N-9,
B-Sector, Yashwant Housing Society,
Aurangabad.
... Respondents
...
Mr. P.S. Shendurnikar, Advocate for petitioners
Mr. A.M. Phule, AGP for the respondent No.1/State
Mr. N.D. Sonawane, Advocate for the respondent No.2
...
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CORAM : SMT. VIBHA KANKANWADI, J.
RESERVED ON : 29th JUNE, 2021.
PRONOUNCED ON : 03rd JULY, 2021.
JUDGMENT :
1 The Second Appeal is filed by original defendants-respondents
after being aggrieved and dissatisfied with the Judgment and Decree dated
01.10.2016 passed by District Judge-4, Aurangabad, thereby allowing the
Regular Civil Appeal No.16/2015 filed by the respondents reversing the
Judgment and Decree dated 09.12.2014 passed by the learned Civil Judge
Junior Division, Aurangabad in Regular Civil Suit No.1170/2012. The
Second Appeal is pending for admission, however, the Writ Petition No.1518
of 2018 has also been filed and it is between parties challenging the
Judgment and Decree dated 01.01.2018 passed by learned Civil Judge Senior
Division, Aurangabad, thereby allowing application Exh.21 filed by the
respondent No.2 therein and permitting him to withdraw the entire amount
of compensation, deposited by the Land Acquisition Officer, ex parte, without
hearing the petitioners. Both the matters are kept together.
2 In Writ Petition No.1518 of 2018 Rule. Rule made returnable
forthwith. By consent, heard both the sides for final disposal.
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3 Now, the parties have arrived at compromise and the terms are
filed on record on 30.01.2021. The terms got verified by the learned
Registrar (Judicial), who has filed his report on 30.01.2021. He has
confirmed the identification of the parties and their signatures. However, in
his report he has stated that the parties have impleaded certain properties
more, which was not subject-matter of the appeal and those are included in
the compromise for the first time. It appears that the appellants have
relinquished their right, title and interest in those properties, which are not
subject-matter of the appeal, and then he has given opinion that since there is
relinquishment of right, title and interest in this compromise terms, it is
required to be registered as per the provisions of Section 17 of the Indian
Registration Act.
4 Both the learned Advocates appearing for the parties agreed to
the said legal position. Both the parties have come to a compromise, and
therefore, there is no hurdle in accepting those compromise terms.
Therefore, in view of the said compromise terms entered into by the parties
on 30.01.2020 in the Second Appeal, the Second Appeal stands disposed of.
5 The Judgment and Decree passed on 01.10.2016 by learned
District Judge-4, Aurangabad in Regular Civil Appeal No.16/2015 and the
Judgment and Decree passed on 09.12.2014 by learned Civil Judge Junior
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Division, Aurangabad in Regular Civil Suit No.1170/2012 stand set aside.
6 The said civil suit i.e. Regular Civil Suit No.1170/2012 stands
decreed in terms of the compromise dated 30.01.2021.
7 Copy of the compromise decree, so drawn in this appeal, be sent
to the Sub-Registrar, Aurangabad having jurisdiction over the lands
mentioned in the compromise decree.
8 The learned Sub-Registrar, Aurangabad to consider, whether the
decree deserves registration and payment of stamp duty, in view of the
relevant provisions of the Indian Registration Act and/or Maharashtra
Registration Act, 2013.
9 Civil Application No.15503 of 2017 stands disposed of.
10 The Writ Petition No.1518 of 2018 also stands disposed of in
terms of the said compromise.
11 In Writ Petition No.1518 of 2018 Rule is made absolute in terms
of the same.
12 Further, parties are allowed to withdraw the compensation
amount with interest deposited in Land Acquisition Reference No.240/2013,
pending before 7th Joint Civil Judge Senior Division, Aurangabad, as per the
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compromise and the proceedings of Land Acquisition Reference No.240/2013
would stand disposed of accordingly.
13 Decree be drawn in the Second Appeal No.805 of 2017
accordingly.
( Smt. Vibha Kankanwadi, J. )
agd
