Jharkhand High Court
Sudarshan Yadav vs Subhash Kumar Singh @ Subhash Kushwaha on 22 July, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
2025: JHHC: 20161
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 30 of 2023
1. Sudarshan Yadav, aged about 73 years, S/o late Budhan Yadav
2. Dilram Yadav, aged about 70 years, S/o late Bodh Yadav
Both R/o Panch Mandir Road, Madhupur, PO/PS- Madhupur, District-
Deoghar ... ... Appellants/Appellants/Defendants
Versus
Subhash Kumar Singh @ Subhash Kushwaha, S/o Gopal Pd. Koiry, R/o
Ramjas Road also known as Kali Mandir Road, Madhupur, PO/PS-
Madhupur, dist- Deoghar.
... ... Respondent/Respondent/Plaintiff
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellants : Mr. Kanishka Deo, Advocate
For the Respondents : Mr. Pran Pranay, Advocate
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nd
15/22 July 2025
1. Learned counsel for the parties are present.
2. This appeal has been filed against the judgment dated 30.11.2022
(decree sealed and signed on 07.12.2022) passed by the learned District
Judge-I, Madhupur, Deoghar in Civil Appeal No. 25 of 2018 affirming the
judgment dated 09.03.2018 (decree sealed and signed on 17.03.2018)
passed by the learned Civil Judge (Sr. Division) IV, Deoghar in Title Suit
No. 47 of 1989. The learned trial court has decreed the suit of the plaintiff
on contest without any cost in favor of the plaintiff.
3. The suit was filed for the following reliefs: -
a. Declaration of the plaintiff's title to the suit property
describing in Schedule-B property and confirmation of her
possession over the same except Schedule-D property for
which she prays for recovery of possession after evicting
the defendants or whosoever may be found in possession of
the same. In case the plaintiff is found dispossessed from
2025: JHHC: 20161
any further portion of Schedule-B property in the plaint, she
is entitled to recovery of possession of the said portion also.
b. Damages at the rate of Rs. 50/- per day from the date
of suit till recover of possession.
c. Declaration that sale deed No. 2624 of 1987, 2625 of
1987 and 2596 if 1988 referred to above are forged,
fabricated, illegal and inoperative under law.
d. Temporary and permanent injunction against the
defendants restraining them from alienating the suit
property causing any alteration in the same and disturbing
plaintiff's possession over the remaining portion of the suit
property in any manner.
e. Cost of the suit.
f. Any other relief or reliefs to which the plaintiff may be
entitled.
4. Learned counsels for the parties have jointly submitted that the
appeal be disposed of in terms of compromise between the parties which
has been placed on record . The terms of compromise are as under: -
"Both the above parties (i.e. Appellants & Respondent) are
mutually agreed to settle amicably their above case issues
under the following terms & conditions set forth below:
1. The Full and Final Settlement money as agreed mutually
by both the above parties in the above case at Rs.
3,51,00,000/- (Rupees Three Crore Fifty One Lakhs only).
2. Out of the above Settlement money of Rs. 3,51,00,000/-
(Rupees Three Crore Fifty One Lakhs only), the Appellants
have already paid Rs. 76,00,000/- (Rupees Seventy Six
Lakhs only) to the Respondent up to 09.06.2025 and the
same has been confirmed by the Respondent also. It would
be reduced from the above Final Settlement Money of Rs.
3,51,00,000/- (Rupees Three Crore Fifty One Lakhs only as
agreed mutually by both the parties).
3. The Balance Settlement Money of Rs. 2,75,00,000/-
(Rupees Two Crore Seventy Five Lakhs only) shall be paid
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in the following manner in 8 (Eight) Instalments as mutually
agreed by both the parties on this date:
Number of Amount of Modus Operandi of Payments
Instalments Instalments
in Rupees
I 35,00,000/- Between 15th to 30th day of Jun,2025
II 35,00,000/- Between 15th to 31st day of July,
III 35,00,000/- Between 15th to 31st day of August,
IV 35,00,000/- Between 15th to 30th day of
September, 2025
V 35,00,000/- Between 15th to 31st day of October,
VI 35,00,000/- Between 15th to 30th day of
November, 2025
VII 35,00,000/- Between 15th to 31st day of
December, 2025
VIII 30,00,000/- Between 15th to 31st day of January,
TOTAL 2,75,00,000/- Rupees Two Crore Seventy Five
Lakh Only
Further it is also agreed mutually by both the above
parties that the above instalment may be paid in Advance
against next Instalment as agreed mutually by both the
parties.
4. All the above agreed payments shall be made in the
name of Respondent through Bank Account as detailed
below:
Name: SUBHASH KUMAR SINGH
Name of Bank & Branch: HDFC Madhupur Branch
Account Number: 99999334371145
IFSC: HDFC0002281
2025: JHHC: 20161
5. After receiving the full settlement money on 8th
instalment all the related matter in this case shall be
closed/settled/disposed as per the relevant laws and
regulations."
5. Accordingly, and with the consent of the parties, this appeal is
disposed of in terms of the aforesaid compromise entered into between the
parties.
6. Pending I.A., if any, is closed.
7. Office to prepare decree.
8. Let this order be communicated to the concerned courts through 'e-
mail/FAX'.
(Anubha Rawat Choudhary, J.)
Mukul/-
