Unknown vs For Appellant (S) : Mr. S. Lodh
2024 Latest Caselaw 36 Tri

Tripura High Court

Unknown vs For Appellant (S) : Mr. S. Lodh on 16 January, 2024

                                HIGH COURT OF TRIPURA
                                      AGARTALA
                                        RSA No.06 of 2023
For Appellant (s)                   :       Mr. S. Lodh, Adv.
For Respondent(s)                   :       Mr. D.K. Das Chowdhury, Adv.

HON'BLE MR. JUSTICE S.D PURKAYASTHA Order

16.01.2024

Heard Mr. S. Lodh, learned counsel appearing for the appellants as well as Mr. D.K. Das Chowdhury, learned counsel appearing for the respondents.

Both the learned counsel submit that the matter in dispute has amicably been settled between the parties and a compromise petition signed by all the parties has also been filed in this court and based on the same, a decree may be passed.

Considered the submissions.

The terms of the settlement as embodied in the compromise petition are as follows:

(i) The appellant-applicants will pay Rs.22,00,000/- (Rupees twenty two lakhs) only to the respondent-OPs and the said amount shall be paid within 31.12.2023, and on receipt of the same, the respondent-OPs shall execute a registered Sale Deed in favour of the appellant-applicants;

(ii) In terms of the above settlement, the appellant-applicants have already paid Rs.11,00,000/- (Rupees eleven lakhs) only to the respondent-OPs and the respondent-OPs have acknowledged the same;

(iii) Due to settlement, the impugned Judgment and Decree dated 18.11.2019 and 25.11.2019 learned Civil Judge, Junior Division, South Tripura, Belonia, in T.S. 4 of 2015, and Judgment and Decree dated 03.03.2023 and 04.03.2023 respectively, passed by the ld. District Judge, Belonia, appellant-applicants shall become inoperative till 31.12.2023, and the appellant-applicants shall continue with the possession of the suit land and the respondent-OPs shall not take any step till 31.12.2023 or execution of the Sale Deed, and after execution of the Sale Deed, the appellant-applicants will be rightful owner and possessor of the suit land;

(iv) If the appellant-applicants fail to make the settlement amount, i.e. 22,00,000/- (Rupees twenty two lakhs) only within the stipulated period, i.e., 31.12.2023, the impugned Judgment and Decree dated 18.11.2019 and 25.11.2019 learned Civil Judge, Junior Division, South Tripura, Belonia, in T.S. 4 of 2015, and Judgment and Decree dated 03.03.2023 and 04.03.2023 respectively, passed by the ld. District Judge, Belonia will become operative, and the respondent-OPs may execute the same.

The terms of such settlement as indicated above are not opposed to public policy nor in violation of any law and therefore, the same are accepted.

The appeal is accordingly disposed of on compromise in terms of aforesaid settlement.

The Registry is to draw up the decree accordingly. The compromise petition shall form part of the decree.

                                                                        JUDGE






SATABDI DUTTA       DUTTA
                    Date: 2024.01.17 11:07:01
                    +05'30'

   Sujay