Gauhati High Court
Sri Parikhit Pathak @ Parikha Pathak vs Smti. Sunita Pathak on 20 May, 2025
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GAHC010241202018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RFA/156/2018
SRI PARIKHIT PATHAK @ PARIKHA PATHAK
S/O LATE RAMANI PATHAK, R/O DOLOIGAON, MAJPARA, P.O. AND P.S.
BONGAIGAON, DIST. BONGAIGAON, ASSAM.
VERSUS
SMTI. SUNITA PATHAK
W/O BHABEN ROY, R/O BALAPARA, KHARIJA, DOLAIGAON, P.O. AND P.S.
BONGAIGAON, ASSAM, PIN 783380
Advocate for the Petitioner : MR. S K SAHARIAH, MR. M DAS
Advocate for the Respondent : MR. B J MUKHERJEE, MR. S BISWAS
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 20.05.2025
Heard Mr. S. K. Sahariah, learned counsel for the appellant and also
heard Mr. B. J. Mukherjee, learned counsel for the respondent authorities.
2. Mr. Sahariah, learned counsel for the appellant submits that pursuant to
the order dated 21.04.2025, he has filed amended cause-title in this appeal.
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3. Mr. Sahariah, further submits that the respondent herein, as plaintiff
had instituted a title suit being T.S. No. 02/2015, in the Court of learned Civil
Judge, Bongaigaon (Now Civil Judge, Senior Division) against the
appellant/defendant, for declaration, partition, eviction and khas possession
of the suit land and vide judgment and decree, dated 16.07.2018, a
preliminary decree was granted in favour of the respondent/plaintiff to effect
a partition.
4. Being aggrieved, by the aforesaid judgment and decree dated
16.07.2018, passed by the learned Civil Judge, Bongaigaon (Now Civil Judge,
Senior Division), the appellant herein has preferred this present appeal and
during the pendency of this appeal the dispute between the parties have
been settled amicably by both the parties with the help of their families, near
relatives and well wishers and to that effect both the parties had signed one
Memorandum of Understanding and on the basis of aforesaid Memorandum
of Understanding, this appeal may be disposed of.
5. Mr. Mukherjee, learned counsel for the respondent also submits that the
respondent herein has no objection in the event of disposing of the matter, in
view of the terms and conditions as settled by the parties in view of the
Memorandum of Understanding dated 12.01.2024.
6. Having heard the submission of learned Advocates of both side, I have
carefully gone through the record and the Memorandum of Understanding.
7. As per the aforesaid Memorandum of Understanding dated 12.01.2024,
the parties have agreed on the following terms and conditions to settle this
RFA No. 156/2018.
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"(i) That the plot of land as described in Schedule
B, as per the records of right the joint owner are
(1) Gajendra Pathak (since deceased), the uncle of
the first party who died leaving no legal heir,
(2) Parikkha Pathak i.e. the first party, (3) Smt.
Sunita Pathak i.e. the second party and (4)
Chiyati Pathak (since deceased) i.e. the mother of
the second party. The original owner of the
aforesaid plot of land was Late Ramani Pathak, the
father of the first party and second party.
(ii) That the first party will get the entire land
as described in schedule -B and the same is in the
possession of the first party.
(iii) That the second party will get the two (2)
Bigha of land out of 4B-3K-17L of land from the
schedule -A land from the eastern side facing the
village road.
iv) That the first party will also get remaining
portion of land the i.e. 2B-3K-17L out of 4B-3K-
17L of land from the schedule -A land and the
second party will provide 12 ft. wide road from
the eastern side.
(v) That in case of violation of the terms and
conditions of this Agreement, the aggrieved party
shall be entitled for part/specific performance of
this Agreement for mutual understanding."
8. Accordingly, taking note of the submission of learned counsel for both
the parties and also considering the facts and circumstances on record, this
Court is inclined to dispose of this RFA, in terms of the Memorandum of
Understanding filed by both the parties.
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9. Mr. Sahariah, learned counsel for the appellant has furnished a original
deed of settlement before this Court and the same shall be part of the
record.
10. In terms of above, this RFA No. 156/2018 is disposed of.
JUDGE
Comparing Assistant
