Calcutta High Court (Appellete Side)
St. Joseph & Mary'S School & Anr vs Sunil Sobti & Ors on 26 August, 2022
5 26.8.2022
Sc Ct. no.12
FA 247 OF 2005
with
I.A. No. CAN 1 OF 2005
(Old No. CAN 4756 of 2005)
(Application for stay of execution of
the judgment and decree dated
31st January, 2005
with
CAN 5 OF 2022
(Application for recording compromise)
--------------
The Chairman (President),
St. Joseph & Mary's School & Anr.
Vs.
Sunil Sobti & Ors.
Mr. Sujash Ghosh Dostidar
Ms. Sankar Ray.
.... For the Appellants/
Applicants
Mr. Probal Kr. Mukherjee
Ms. Shaoni Dey
Ms. Ashmi Pradhan.
.... For the Respondents &
Applicants in
I. A. No. CAN 5 of 2022
Heard Mr. Sujash Ghosh Dostidar, learned counsel
for the appellants and Mr. Probal Kr. Mukherjee, learned
senior counsel for the respondents.
In course of pendency of the appeal, the respondent
nos. 2 and 3 who were plaintiffs before the Court below
along with the respondent no.1 have died. The legal heirs
of the aforesaid deceased respondent nos. 2 and 3 have
already been brought on record in the appeal. After the
substitution took place in the appeal vice, the respondent
nos. 2 and 3, the parties, out of Court, have settled the
matter in terms of a compromise adumbrated in
paragraph 7 of the present interim application (CAN 5 of
2022). This is a joint compromise between the parties in
the following terms :
"7(a) The Appellants/Defendants no.1 and 2
shall pay a sum consolidated sum of Rs.22.50
Lakhs towards refund of earnest money, which
is inclusive of accrued interest as well as
reimbursement of legal expenses incurred by
the decree holders/plaintiffs/respondent by
demand draft drawn on a nationalized bank
immediately upon execution of this application
for recording compromise on the following
proportional denominations:
i) Sri Sunil Sobti will receive a sum of
Rs.11.25 Lakhs.
ii) Smt. Sunita Sobti will receive a sum of
Rs. 5.00 Lakhs.
iii) Smt. Pallavi Sobti Rajpal will receive a
sum of Rs.1.25 Lakhs.
iv) Smt. Nidhi Sobti will receive a sum of Rs.
5.00 Lakhs.
b) The decree holders/plaintiffs/
respondents (as substituted), namely, Sri Sunil
Sobti, Smt. Sunita Sobti, Smt. Pallavi Sobti
Rajpal and Smt. Nidhi Sobti, shall relinquish
their claim for enforcement and right, jointly
and severally, obtained by the judgment and
decree for specific performance of contract
dated 31st January 2005 passed by Learned
3rd Civil Judge, Senior Division, Alipore in Title
Suit No. 56 of 2004 in respect of the suit
schedule property being a piece and parcel of
land measuring about 2.91 cottahs, being plot
no. 788, Block: 'P', lying between Diamond
Harbour Road and Tolly's Nullah, Police
Station: New Alipore, Kolkata-700053, District:
South 24-Parganas within territorial limits of
Ward no.81 of Kolkata Municipal Corporation
upon receipt of the agreed consolidated sum of
Rs. 22.50 Lakhs towards refund of earnest
money, which is inclusive of accrued interest as
well as reimbursement of legal expenses
incurred.
c) In view of the abandonment of claim of
specific performance of the contract by the
decree holders/plaintiffs/respondents (as
substituted), namely, Sri Sunil Sobti, Smt.
Sunita Sobti, Smt. Pallavi Sobti Rajpal and
Nidhi Sobti; the appeal be allowed by setting
aside the judgment and decree dated 31st
January 2005 passed by Learned 3rd Civil
Judge, Senior Division, Alipore in Title Suit No.
56 of 2004 and any application for execution of
such decree shall stand withdrawn and non-
enforceable."
In view of compromise in the aforesaid terms, the
present appeal is disposed of and the impugned judgment
and decree dated 31st January, 2005, passed by the 3rd
Civil Judge (Senior Division), Alipore in Title Suit No. 56
of 2004 is set aside.
Accordingly, the application being CAN 5 of 2022
stands disposed of.
The application being I.A. No. CAN 1 of 2005 (Old
No. CAN 4756 of 2005) stands dismissed.
Office The department concerned is directed to draw the
decree as expeditiously as possible.
There shall be no order as to costs in view of the
composition between the parties.
Office The lower court records be returned forthwith to
the concerned court.
Photostat certified copy of this order, if applied for,
be furnished expeditiously.
(Chitta Ranjan Dash, J.)
(Aniruddha Roy, J.)
