Jagabandhu Mishra vs Hi-Tech Estate And Promoters ...
2023 Latest Caselaw 12832 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Oct-2023 12:38:57


                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                               CMP No. 349 OF 2023
                                               Jagabandhu Mishra                     ....       Petitioner
                                                                      Mr. Tusar Kumar Mishra, Advocate
                                                                       -versus-
                                               Hi-Tech Estate and Promoters Private .... Opp. Parties
                                               Ltd., Bhubaneswar and others
                                                                            Mr. Pranaya Swain, Advocate
                                                                                   (For Opp. Party No.3)

                                                    CORAM:
                                                    JUSTICE K.R. MOHAPATRA
                                                                     ORDER

                        Order No.                                   17.10.2023
                             5.           1.      This matter is taken up through hybrid mode.

2. The Petitioner in this CMP seeks to assail the judgment dated 25th February, 2023 (Annexure-5) passed by learned Additional District Judge, Bhubaneswar in F.A.O. No.35 of 2020, whereby dismissing the appeal, learned appellate Court confirmed the order dated 11th December, 2019 (Annexure-4) passed by learned Senior Civil Judge (L.R.), Bhubaneswar in I.A. No.1 of 2017 (arising out of C.S. No.1273 of 2017) dismissing an application filed under Order XXXIX Rules 1 and 2 CPC filed by the Plaintiff-Petitioner.

3. I.A. No.1 of 2017 was filed with a prayer to restrain the Opposite Party Nos.1 and 2 from creating any 3rd party interest in respect of the property (Flat) in question and restrain the Defendant Nos.4 and 5, namely, Biswa Bijayini Praharaj @ Mishra and Sanvi Mishra respectively from using the said flat during pendency of the suit. It was also prayed to restrain the

Signature Not Verified // 2 // Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Oct-2023 12:38:57

Opposite Parties from accepting rent from said Defendant Nos.4 and 5 during pendency of the suit.

4. As the dispute was amongst family members relating to a flat in question, this Court on consent of learned counsel for the parties referred the matter for mediation. After mediation between the parties, the following report has been submitted by learned Mediator:

"MEDIATION PROCEEDING 12/10/2023 The mediation is fixed today.

Both the parties are present along with their respective counsels and parents at High Court of Orissa Mediation Centre.

Both the parties have agreed to settle the dispute amicably under following terms and conditions:-

1. That so far as the flat is concerned the concerned ownership of the flat will be changed from Late Biswajit Mishra to his only daughter Sanvi Mishra.

2. That the balance amount of Rs.1,44,972 (Rupees One lakh forty four thousand nine hundred seventy two only) of the said flat will be deposited by the petitioner namely Shri Jagabandhu Mishra.

3. That the said flat will be in the custody of her mother (Biswa Bijayini Mishra) till the minor girl will attain the age of majority.

4. That the petitioner, his wife or any of his family members have no objection, if Sanvi Mishra and Biswa Bijayini Mishra will withdraw and take over the self acquired property and liquid security of late Biswajit Mishra as on date.

5. That the Opp. Party No.3 will not claim any right title and interest over the self acquired property of Shri Jagabandhu Mishra (Petitioner) on her behalf and on behalf of the Sanvi Mishra. Hence the mediation became Successful. Office of the mediation Centre is requested to submit this report before the Hon'ble Court for kind perusal.

MEDIATOR (Bibhudutta Barik)"

Signature Not Verified // 3 // Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Oct-2023 12:38:57

5. None appears for the Opposite Party Nos.1 and 2 although they are represented through learned counsel.

6. Mr. Mishra, learned counsel for the Petitioner and Mr. Swain, learned counsel for Opposite Party No.3 agree to the terms and conditions of the mediation report submitted by learned Mediator. Hence, the CMP is disposed of in terms of the mediation report as stated above setting aside the impugned orders under Annexures-4 and 5.

7. It is further directed that the Petitioner and Opposite Party No.3 shall adhere to the terms of mediation in its letter and spirit. No further demands save and except the amount settled in the mediation shall be made by the Opposite Party Nos.1 and 2. Learned counsel for the Petitioner shall take steps for disposal of the suit in terms of the mediation report.

8. While parting with the order, this Court expresses its satisfaction and records its appreciation for the endeavour made by learned Mediator and cooperation by the parties to the proceeding.

Urgent certified copy of this order be granted on proper application.

                                                                             (K.R. Mohapatra)
                ms                                                                 Judge