Manipur High Court
Bishan Chhetry vs N. Kameshor Singh on 25 October, 2021
Item Nos. 32 & 33
(Through Video Conferencing)
IN THE HIGH COURT OF MANIPUR
LAIREN Digitally signed
by
AT IMPHAL
MAYUM LAIRENMAYUM
INDRAJEET
INDRAJ SINGH
RSA No. 9 of 2017
Date:
EET 2021.10.25
With
20:37:13
SINGH +05'30' MC(RSA) No. 8 of 2021
Bishan Chhetry
....Appellant
- Versus -
N. Kameshor Singh
...Respondent
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
25.10.2021
This second appeal, filed under Section 100 CPC, arises out of the
judgment and decree dated 11.05.2017 passed by the Ld. District Judge,
Imphal East, in Civil Appeal (First) No. 3 of 2017. Thereby, the Ld. District
Judge dismissed the said appeal, confirming the judgment and decree dated
11.01.2017 passed by the Ld. Civil Judge (Junior Division), Imphal East, in
Original Suit No. 8 of 2013/90 of 2013. Thereby, the Trial Court had decreed
the counter-claim of defendant Nos. 4 to 8 and dismissed the suit of the
plaintiffs, the appellants in this second appeal.
The litigation pertained to the homestead land admeasuring 0.51
acre in Patta No. 42(old), 83(new), Dag No. 89 of Village No. 8 - Mantripukhri,
Imphal East. The plaintiffs in the suit sought declaration of their title in relation
to this land along with consequential reliefs while defendant Nos.4 to 8 in the
suit raised a counter-claim to the effect that they were the owners of the said
land. The Trial Court held that the suit land was the joint family property of
the 5(five) sons of Bal Bahadur Chhetry and restrained the plaintiffs in the suit
from disturbing the defendants and their successors-in-interest from their
respective shares in the suit land.
While so, during the pendency of this second appeal, it seems that
the contesting parties to the dispute resolved their differences and entered
into a settlement. Pursuant thereto, MC(RSA) No. 8 of 2021 was filed as a joint
compromise petition by the plaintiffs in the suit, the appellants in this second
appeal, along with defendant Nos. 4 to 8 in the suit, the contesting
respondents in this appeal. The terms of the compromise read thus: -
I. Out of the suit land i.e. homestead land under patta No. 42(old),
83(new), dag No. 89 measuring 0.51 acre of Village No. 8,
Mantripukhri, Imphal East, situated at Mantripukhri, the
appellant/plaintiff No. 1 and the proforma respondents/defendants No.
16 and 17 shall get the northern part/portion of the suit land
measuring 0.39 (zero point three nine) acre having length from
eastern boundary to western boundary.
II. Out of the suit land i.e. homestead land under patta No. 42 (old), 83
(new), dag No. 89 measuring 0.51 acre of Village No. 8, Mantripukhri,
Imhal East, situated at Mantripukhri, the respondents/defendants No.
4,5,6,7 & 8 shall get the southern part/portion of the suit land
measuring 0.12(zero point one two) acre having length from eastern
boundary to western boundary.
III. Necessary correction shall be made in the relevant land records as per
terms of and conditions of this compromise.
A joint prayer is made by both sides for disposal of this appeal,
recording the compromise as set out supra and to pass a decree in terms
thereof.
Mr. Sachindra, learned counsel for the appellants, and Mr. Th.
Henba, learned counsel for the contesting respondents, affirm the factum of
the compromise and reiterate the prayer for disposal of this second appeal in
terms thereof.
The Second Appeal is accordingly disposed of as per the terms of
the compromise, set out supra. A decree shall be drawn up recording the
aforestated terms of the compromise.
MC(RSA) No. 8 of 2021 is also disposed of accordingly.
In the circumstances, there shall be no order as to costs.
A copy of this judgment shall be supplied online or through
whatsapp to the learned counsel for the parties.
CHIEF JUSTICE
Indrajeet
