Vrindavan vs Shyam Kumar
2025 Latest Caselaw 1023 Chatt

Chattisgarh High Court

Vrindavan vs Shyam Kumar on 9 January, 2025

                                                           1




                                                                            2025:CGHC:1388
                                                                                             NAFR
AJAY
KUMAR                    HIGH COURT OF CHHATTISGARH AT BILASPUR
DWIVEDI
Date:
2025.01.10
11:40:25
+0530
                                                 FA No. 443 of 2017

             1 - Vrindavan S/o Dwadasi Kewat, Aged About 70 Years R/o Village Bhajpur, P. O. Kirari,
             Police Station And Tashil Dabhra, District Janjgir Champa Chhattisgarh., Chhattisgarh


             2 - Gokul, S/o Dwadasi Kewat, Aged About 65 Years R/o Village Bhajpur, P. O. Kirari,
             Police Station And Tashil Dabhra, District Janjgir Champa Chhattisgarh., District : Janjgir-
             Champa,                                                                        Chhattisgarh


             3 - Nakul, S/o Dwadasi Kewat, Aged About 60 Years R/o Village Bhajpur, P. O. Kirari,
             Police Station And Tashil Dabhra, District Janjgir Champa Chhattisgarh., District : Janjgir-
             Champa, Chhattisgarh
                                                                                       ... Petitioner(s)


                                                        versus


             1 - Shyam Kumar S/o Kurso Rawt, Aged About 60 Years R/o Village Medhapali, Police
             Station and Tashil Dabhra, District Janjgir Champa Chhattisgarh., Chhattisgarh


             2 - State Of Chhattisgarh Through The Collector, Janjgir Champa Chhattisgarh., District :
             Janjgir-Champa, Chhattisgarh
                                                                                      ... Respondent(s)


             For Petitioner(s)        :     Mr. Rajkumar Pali, Advocate.
             For Respondent(s) No.1 :       Mr. Ishwar Jaiswal, Advocate.
             For Res No.2/State       :   Mr. S. K. Puriya, Panel Lawyer.


                             SB : Hon'ble Shri Justice Deepak Kumar Tiwari, J.

Judgment On Board

09.01.2025

1. This first appeal has been preferred against the judgment and decree dated

03.07.2017 passed by the Second Additional District Judge, Sakti, Janjgir-

Champa in Civil Suit No.17-A/2016, whereby the suit preferred by

respondent No.1/plaintiff for recovery of an amount of Rs.1,60,000/- has

been decreed in his favour. It was also directed that the plaintiff is entitled

for interest @ 6% per annum from the date of presentation of the suit i.e.

05.05.2016.

2. During the pendency of this appeal, the matter was referred to the High

Court Mediation Centre and the parties have amicably settled their dispute

in terms and conditions of Mediation Report dated 19.12.2024.

3. Learned counsel for the parties would submit that terms and conditions

mentioned in the report have been agreed voluntarily by the parties,

therefore, compromise decree may be passed in terms of the said report.

4. After going through the Mediation Report dated 19.12.2024, this Court finds

that terms and conditions mentioned therein are lawful. Therefore, this

Court deems it appropriate to pass the decree in following terms:-

"(i) Since the appellants/defendants have already deposited an amount of

Rs.64,000/- in the Civil Court Deposit of Additional District Judge, Sakti on

13.12.2024, the plaintiff/respondent is entitled to withdraw the said amount.

(ii) The appellant Vrindavan shall pay balance amount of Rs.56,000/- to the

plaintiff as per agreement in two installments. The first amount shall be paid

by him on or before 19.03.2025 and last installments shall be paid on or

before 19.06.2025.

(iii) The Mediation Report shall also be made part of the record and the

decree"

5. Since both the parties have settled their dispute through mediation, this

Court observes that as per Section 16 of the Court Fees Act, 1870, since the

Court referred the parties to resolve the dispute by way of mediation as

referred to in Section 89 of the CPC, the appellants shall be entitled to a

certificate to receive back from the Collector the full amount of the fee paid

in respect of the instant appeal. Ordered accordingly.

6. In view of the above, the appeal stands disposed of.

7. A decree be drawn accordingly.

Sd/-

(Deepak Kumar Tiwari) Judge Ajay