Jharkhand High Court
Chandan Mahto vs Tara Devi on 1 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Appellate Jurisdiction)
First Appeal No. 512 of 2018
1.Chandan Mahto, s/o late Gopal Mahto
2. Nandan Mahto, s/o late Gopal Mahto
3. Kundan Mahto, s/o late Gopal Mahto
All r/o H. No.105, Near Godhar Kali Mandir, Village-Godhar Kurmidih
Basti, PO-Kusunda, PS-Kenduadih, Dist.-Dhanbad .... Appellants
Versus
Tara Devi w/o Sri Gopal Mahato (alleged), r/o village-Moonidih Basti, PO-
Lalpur, PS-Putki, Dist.-Dhanbad .....Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellants : Mr. Ashutosh Anand, Advocate
Mr. Ashish Kumar Thakur, Advocate
Mr. Shabaz Akhtar, Advocate
For the Respondent : Md. Hatim, Advocate
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ORDER
st
1 December 2022
Per, Shree Chandrashekhar, J.
Mr. Ashutosh Anand, the learned counsel assisted by
Mr. Ashish Kumar Thakur, the learned counsel appears for the appellants.
Md. Hatim, the learned counsel is representing Mr. Niranjan Singh, the
learned counsel for the respondent.
2. Mr. Ashutosh Anand, the learned counsel for the appellants
states that inadvertently name of father of Nandan Mahto who has sworn
the supplementary affidavit on 17th November 2022 has been wrongly
mentioned as "Sri Mohan Mahato".
3. This error has not been disputed by Md. Hatim, the learned
counsel for the respondent.
4. Accordingly, the supplementary affidavit sworn by Nandan
Mahto shall be read as "Nandan Mahato son of Late Gopal Mahato".
5. This First Appeal has been filed against the judgment dated
3rd October 2018 passed in Title (Matrimonial) Suit No.76 of 2012 which
was filed by the father of the appellants Late Gopal Mahato.
6. By the aforesaid judgment, the suit seeking a declaration on
marital status of the appellant and respondent has been dismissed on contest
by the Additional Family Court, Dhanbad.
7. The order dated 20th October 2021 reveals that during pendency
of the present First Appeal the appellant died and he has been substituted by
Chandan Mahto, Nandan Mahto and Kundan Mahto.
8. Now through supplementary affidavit sworn on 17th November
2022 by one of the substituted legal heirs of Late Gopal Mahato a copy of
mutual agreement between the parties arrived at in course of mediation at
Dhanbad has been brought on record.
9. The relevant paragraphs of the supplementary affidavit dated
17th November 2022 read as under:
"4.That the parties finally arrived at compromise before the Mediation
Centre, Dhanbad on 20.08.2022 and the terms of settlement/compromise
was duly incorporated wherein amongst others, the opposite party has
accepted in para-9 that Sushila Devi is the only wife of Late Gopal
Mahto.
5. That it is worth to state here that in terms of the compromise, the
appellants have already paid Rs.5 lakhs to the opposite party and she has
no any claim upon Late Gopal Mahto or the property or otherwise.
6. That in light of the compromise having been entered between the
parties, the appellants' pray that the instant appeal may be decreed in
terms of the compromise."
10. The learned counsels appearing for the parties state on
instructions that both parties sincerely intend to abide by the terms of mutual
agreement dated 20th August 2022 which has been reduced into writing in
presence of Mr. S.K. Verma, the learned Mediator, Dhanbad.
11. This agreement has been duly evidenced by the learned
counsels appearing for the parties also.
12. In view of the aforesaid mutual agreement dated 20th August
2022, the learned counsels appearing for the parties state that the present
First Appeal may be disposed of in the aforesaid terms.
13. Accordingly, First Appeal No. 512 of 2018 stands disposed of,
in terms of the mutual agreement dated 20th August 2022.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
Jharkhand High Court, Ranchi
Dated : 1st December 2022
sudhir/N.A.F.R.
