Sri Nagendra Lal Roy vs Smt. Arpita Roy Chowdhury & Anr
2022 Latest Caselaw 6193 Cal

31.08.2022
Court No.12
 S/L. No.10
  Suvayan/
  Sourav
                                FA 435 of 1988
                                     With
               IA No. CAN 2 of 2010 (Old No. CAN 6426 of 2010)
                                     With
                            IA No. CAN 6 of 2021

                             Sri Nagendra Lal Roy
                                      Vs.
                       Smt. Arpita Roy Chowdhury & Anr.

              Mr. Bhaskar Nandi
                                                     ...for the appellant.

              Mr. Supratim Dhar
              Mr. Dhananjay Nayak
                                                  ...for the respondents.

In re: CAN 6 of 2021

Heard Mr. Bhaskar Nandi, learned Counsel

appearing for the appellant and Mr. Supratim Dhar,

learned Counsel appearing for the respondents.

This application vide CAN 6 of 2022 is, in fact, a

joint compromise application filed by the parties in

terms and conditions contained in paragraph 8 of this

interim application.

Having heard the learned Counsel for the parties

and perused the composition made in paragraph 8, we

dispose of the appeal in the light of the compromise as

per following terms and conditions:

"a) For the purpose of effective realization of commercial value by the party hereto of the Fist Part and the party hereto of the Second Part, it has been agreed that the party hereto of the

Fist Part and the party thereto of the Second Part shall jointly either sell and/or transfer the said property and equally realize all benefits of the same and the party hereto of the First Part shall sign, execute and register all such deed/s and document/s in favour of the party hereto of the Second Part for giving effect thereof;

b) The party hereto of the First Part shall trasfer and/or convey unto and in favour of the party hereto of the Second Part and/or his nominee/s in such part or parts as the party of the Second Part shall require in such effective manner as shall be deemed and proper between the party hereto of the first part and the party hereto of the Second Part ALL THAT undivided 50% part and/or share into or upon the said property and/or the flats/units /spaces in the new building upon its construction at the said premises after development thereof. The party hereto of the Second Part shall incur all costs, charges and expenses towards such transfer;

c) The party hereto of the Third Part has got no objection to such settlement and doth hereby unequivocally ratify and confirm the contents herein."

In view of the aforesaid compromise, the

impugned judgment and decree are modified to the

extent as aforesaid and the appeal is allowed in part.

Accordingly, the first appeal is disposed of and

the order of the learned Assistant District Judge, 2nd

Court at Alipore, in Title Suit No.171 of 1980 dated

March 18, 1987 is set aside in terms of the

compromise.

The Office is directed to draw and complete the

decree as expeditiously as possible.

All interim orders stand vacated and all

connected interim applications pending stands

disposed of accordingly.

The compromise application being CAN 6 of

2021 is disposed of.

There shall be no order as to costs in view of the

composition between the parties.

The Lower Court Record/Trial Court Record be

send forthwith to the concerned Trial Court.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)