Chattisgarh High Court
Harinarayan Agrawal vs Smt. Jaya Nanaklal Phuljhele on 10 February, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
FA No. 299 of 2016
• Harinarayan Agrawal S/o Late Chhagan Lal Agrawal, Aged About 67 Years
R/o Gayari Mandir Ward, Station Road Durg, District Durg, Chhattisgarh
---- Appellant
Versus
1. Smt. Jaya Nanaklal Phuljhele W/o Nanaklal Phuljhele, Aged About 61 Years
R/o Kanchanganga, Phase-2, Near Ravishankar University, Behind
Ayurvedic College, Danganiya, Raipur, District Raipur, Chhattisgarh
2. State Of Chhattisgarh, Through The Collector Durg, District Durg,
Chhattisgarh
---- Respondent
For Appellant : Shri Ashish Surana, Advocate
For Respondent No. 01 : Shri Ravindra Kumar Agrawal,
Advocate
For State : Shri Arjit Tiwari, P.L.
Hon'ble Shri Justice Goutam Bhaduri
Hon'ble Smt. Justice Rajani Dubey
Judgment on Board
Per Goutam Bhaduri, J.
10/02/20 22
Heard.
1. Learned counsel for the parties submit that in meditation, the dispute
has been settled and the agreement has been drawn between the
parties, therefore, the appeal may be disposed off in accordance with
the terms of such settlement.
2. Perusal of the record would show that the agreement dated 05.01.2022
is drawn in between the parties. Accordingly, the appeal is disposed off
in terms of the settlement/ agreement arrived at, in between the parties
in accordance with Clauses 1 to 9, which would be part of the decree.
The clause s1 to 9 are reproduced hereinabove:-
1. The Respondent/Party No. 02 namely Smt. Jaya
Nanaklal Phuljhele is the owner of plot No. 24 & 25 (forming
part of Khasra No. 2106) total area 4305 sq. feet, 0.04 hact.
situated at Vivekanand Nagar near Anandpuram Kohka, R.I.
Circle Durg- 1, Patwari Halka No. 19, District Durg C.G. The
respondent/ Party No. 2 is sole owner and in possession of
the land.
2. That, the Respondent/ Party No. 2 is agreed to execute
sale deed in favour of Appellant/Party No. 01 and in the
name of his company or persons by single deed. All the
formalities of Registration and expenses will be borne by
party No. 01.
3. That, the appellant/ party No. 01 Shri Harinarayan
Agrawal agree to pay Rs. 35,00,000/- Lakhs (as per Collector
guidelines) as the sale consideration to the respondent i.e
party No. 02 and this includes fund Rs. 6,00,000/- Lakh
which is already deposited by the party No. 02 in C.C.D.
Account of District Judge, Durg throguh Cheque No. 576688
dated 11.05.2017 issued by State Bank of India, GCET,
Raipur, C.G. for creation of fixed deposit as per order dated
20.04.2017 passed by Hon'ble High Court in the instant
appeal. The Respondent No. 1/ party No. 2 will be entitiled to
withdraw Rs. 6,00,000/- Lakh along with accrued interest
from C.C.D. of District Judge, Durg.
4. That, the withdrawal of amount of Rs. 6,00,000/- along
with accrued interest will be done positively before the date
of 15th of March 2022 by the respondent No. 1 and
thereafter the Appellant/ Party No. 1 will pay Rs. 29,00,000/-
through Demand Draft and on the date of execution of sale
deed. The sale deed will be executed in the name of
Appellant and/or the names of his options. The execution of
sale deed is to be done prior to 25th March 2022 as the
value of land is fixed in accordance with Collector guidelines.
The withdrawal of Rs. 6,00,000/- Lakh from the C.C.D. of
District Judge, Durg should be informed to party No. 1 in
writing by the party No. 2 and then the party No. 1 should
inform in writing to party No. 2 about the date of execution
and registration of sale deed.
5. That, there is one Civil Suit No. 268A/2021 preferred by
Monish Agrawal & Others Vs. Smt. Jaya Nanaklal Phuljhele
is pending before XVth Civil Judge, Class-II, Durg and the
first party will get withdraw that Civil Suit on next date of
hearing of that suit i.e. 18.01.2022.
6. That, Respondent No. 1/ party No. 2 is in possession of
land 4305 Sq. feet and the respondent No. 1 will handover
the possession of her total land as on available on the site
and the land adjoining to the land of sale deed will also be
enjoyed by the First party i.e. appellant.
7. That, the Party NO. 1 will cooperate the respondent No.
1 when they will apply for withdrawal of amount form the
C.C.D. of District Court, durg.
8. That, Respondent/ party No. 2 will cooperate the
appellant party No. 1 at the time of mutation in Revenue
record even after execution of sale deed.
9. That, the appellant is entitled for refund of the court
fees paid in the appeal.
The parties agree to abide by the terms as settled on
their own will the terms of settlement has read over to the
parties and has been signed by their own will.
Sd/- Sd/-
First Party Second Party
Hari Narayan Agrawal Jaya Phuljhele
Witnesses of Ist Party Witnesses of IInd Party
1. Radheshyam Agrawal 1. N.L. Phuljhele
2. Abdul Razzak 2. Ankur Phuljhele
Sd/- Sd/-
Ashish Surana Hari Narayan Agrawal
Counsel of First Party 1st Party
Sd/- Sd/-
Ravindra Kumar Agrawal Jaya Phuljhele
Counsel of 2nd Party 2nd Party
Sd/-
(Yogesh Chandra Sharma)
Mediator
3. The appeal is disposed off accordingly in the above terms. However, in
respect of clause No. 5, Civil Suit next hearing date i.e. 18.01.2022 be
read as 08.03.2022.
4. Since the appeal is settled, Registry is directed to issue the necessary
certificate in terms of Section 16 of the Court fees Act.
5. A decree be drawn accordingly.
Sd/- Sd/-
(Goutam Bhaduri) (Rajani Dubey )
Judge Judge
Jyoti
