Jharkhand High Court
Ajit Kundu Modak vs Manoj Kumar Sahu on 15 July, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
2025:JHHC:19191
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F. A. No. 176 of 2023
1. Ajit Kundu Modak, aged about 68 years
2. Gayatri Modak aged about 56 years, widow of Late Gauri Shankar
Modak;
3. Butu Kundu Modak aged about 28 years;
4. Kishan Kundu Modak aged about 24 years both sons of late Gauri
Shankar Modak;
5. Dilip Kundu Modak, aged about 60 years;
6. Ashish Kundu Modak, aged about 57 years;
7. Mono Kumar Modak aged about 50 years;
No.1, 5, 6 and 7 are sons of Late Kedar Kundu Modak and all are
residents of Ward No. 02 Saraikela, P.O. and P.S. Saraikela,
Distrct Saraikela-Kharsawan. ... ... Defendants/Appellants
Versus
Manoj Kumar Sahu, son of Late Mahesh Kumar Sahu, resident of
Ward No. 02, Saraikela, P.O. and P.S. Saraikela, District-Saraikela
... ... Plaintiff/Respondent
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellants : Mr. A. K. Sahani, Advocate
For the Respondent : Mr. Krishanu Ray, Advocate
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11/15.07.2025
1. Learned counsel for the parties are present.
2. This appeal has been filed against judgment dated 08.05.2023
(decree signed on 12.05.2023) passed by learned Civil Judge (Sr.
Division)-II, Seraikella-Kharswan whereby the Original Suit No. 28 of
2019 was decreed.
3. The original suit was filing for the following relief:-
i. For a decree for a specific performance of the sale
agreement dated 24.01.2018, between plaintiff and
defendants directing defendants to execute and register a
formal sale deed in favour of plaintiff as per agreement
dated 24.01.2018.
ii. For a decree for possession of the suit property in favour of
plaintiff.
iii. Alternatively, a decree for refund of the earnest money to
plaintiff with interest at bank rate from 24.01.2018 till
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realization alongwith compensation for damages as
assessed by this Court.
iv. For all costs of this suit.
v. For any other relief/reliefs to which the plaintiff may be
found to be entitled under the law and/or equity.
4. Learned counsel for the parties have jointly submitted a joint
compromise petition being I.A. No. 1422 of 2025 putting on record
the terms of compromise between the parties has been filed. The terms
of compromise are as follows: -
a. The appellants shall honour the judgment and decree under
appeal to the extent that they shall pay the respondent a
sum of Rs.25,00,000/- along with the interest as granted by
the learned court in the judgment.
b. The amount of interest as awarded by the learned court for
the period between 06.04.2019 to 08.05.2023 @ 12% per
annum amounts to Rs.12,27,123/-, which shall be paid
along with the principal amount of Rs.25,00,000/-
c. Future interest as awarded @6% per annum from
09.05.2023 till the date of filing of this application i.e.
04.02.2025 which amount to Rs.2,61,780/- shall also be
paid along with the principal amount of Rs.25,00,000/- and
the interest calculated hereinabove.
d. The aforesaid amount totaling to Rs.39,88,903/- shall be
paid by the appellants to the respondent within four months
from the date of entering into compromise by way of
demand drafts against proper receipts to be issued by the
respondent/applicant.
e. That the appellants shall upon payment, withdraw the
instant appeal and the respondent shall withdraw the
execution case being Execution Case No. 24 of 2023 filed
before the learned Civil Judge (Senior Division)-II,
Seraikella for execution of the judgment under appeal.
f. That after payment of the aforesaid amount, the applicants
shall have no claim over each other with respect to the suit
property.
5. Learned counsel for the appellants has submitted that the terms
of the compromise has also been satisfied and complied with and for
that purpose a supplementary affidavit has been filed on behalf of the
appellants. Learned counsel for the appellants has also submitted that
the Execution Case has also been withdrawn and a copy of the order
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of withdrawal of the Execution Case has been placed on record as
contained in Annexure-2 to the Supplementary Affidavit. The contents
of the supplementary affidavit is quoted under:-
"4. That, on 04.02.2025, a Joint Compromise Petition
between the parties being I.A. No. 1422 of 2025 has been
filed. The dispute between the parties has been compromised
out of Court. As per the terms and conditions as contained in
the Compromise Petition, the appellants agreed to refund
Rs.25,00,000/- with interest @12% per annum, assessed from
06.04.2019 to 08.05.2023, which comes to Rs.12,27,123/- and
further interest @6% per annum from 09.05.2023 to
04.02.2025 which comes to a sum of Rs.2,61,780/-.
Accordingly, total amount, as agreed between the parties,
comes to Rs.39,88,903.00. The respondent agreed to withdraw
Execution Case No.24 of 2023.
5. That, in compliance to the terms and conditions, as
incorporated in the Joint Compromise Petition vide I.A. No.
1422 of 2025, the appellants already paid a total sum of
Rs.39,88,903.00 through different Demand Draft to the
respondent in Execution Case No.24 of 2023.
6. That, on 10.06.2025, the respondent/Decree holder filed a
Petition in Execution Case No. 24 of 2023 acknowledging
therein the receipt of Rs.39,88,903.00 from the Judgment-
Debtor/Appellants.
Photocopy of application
dated 10.06.2025 is being
filed herewith and marked
as Annexure-1.
7. That, subsequent thereupon and in terms of order dated
10.06.2025, the learned Civil Judge (Sr. Division)-II,
Seraikella, dropped Execution Case No. 24 of 2023 recording
payment made by the appellants and received by the
respondent.
Photocopy of Order dated
10.06.2025 in Execution
Case No. 24 of 2023 is
being filed herewith and
marked as Annexure-2.
8. That, in terms of the aforesaid facts and circumstances, the
present appeal is liable to be disposed of.
9. That, the contents of this Supplementary Affidavit have
been read over and explained to me in Hindi and I have fully
understood the same."
2025:JHHC:19191
6. Learned counsels for the parties have jointly submitted that the
appeal be disposed of in terms of compromise between the parties.
7. Accordingly, this first appeal is disposed of, in terms of
aforesaid compromise between the parties.
8. Interlocutory application being I.A. No. 1422 of 2025 is hereby
disposed of.
9. Any other pending I.A. is closed.
10. Office to prepare decree in terms of joint compromise.
11. Let a copy of this order be communicated to the concerned
court through "Fax/E-mail".
(Anubha Rawat Choudhary, J.)
Rakesh/-
