Before :- R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.
Civil Appeal No. 8831 of 2019 (Arising Out of SLP (C) No. 23321 Of 2018) and Civil Appeal No. 8832 of 2019 (Arising Out of SLP (C) No. 24874 of 2018). D/d. 19.11.2019.
Bhagwan Das Bhajanka (Deceased) Through His Lrs. - Appellants
Versus
Bimala Devi Goyal - Respondents
For the Appellants :- Mr. Ashok K. Gupta, Sr.Advocate with Mr. Abhishek Gupta, Mr. Farrukh Rasheed and Mr. Raushal Kumar, Advocates.
For the Respondents :- Mr. S. Hari Haran and Mr. Vikash Singh, Advocates.
For the Applicants :- Mr. Ashok K. Gupta, Sr.Advocate with Mr. Abhishek Gupta and Mr. Gunnam Venkateswara Rao, Advocates.
ORDER
R. Banumathi, J. - Leave granted.
2. These appeals arise out of Judgment and Order dated 10.07.2018 in Review Petition NO.56/2018 arising out of the judgment and dated 27.02.2015 in R.F.A. No.7 of 2010 passed by the Gauhati High Court.
3. The facts of the case in a nutshell are as follows. One Tikam Chand Bhajanka (since deceased) had six sons and four daughters. Respondent-plaintiff, Bimala Devi Goyal, one among the daughters filed Title Suit No.285/2005 in the Court of Civil Judge NO. 2, Guwahati, District Kamrup(M), seeking partition to the suit property and separate possession of 1/10th share in the suit properties left behind by her father-Late Tikam Chand Bhajanka. The Trial Court decreed the said suit for partition and separate possession and plaintiff-respondent herein was given 1/10th share in the said suit properties. The appellant-brother, Bhagwan Das Bhajanka son of Tikam Chand Bhajanka, had preferred the appeal before the First Appellate Court-High Court. The High Court vide judgment dated 27.02.2015 upheld the judgment of the Trial Court. Aggrieved by the judgment dated 27.02.2015, the appellant had preferred SLP(C)NO.16422 of 2015. The said special leave petition was dismissed as withdrawn with the liberty to file a review petition before the Gauhati High Court for review of the judgment dated 27.02.2015. Review Petition No.56/2018 filed by the appellant came to be dismissed by the Gauhati High Court vide Order dated 10.07.2018 which is impugned in these appeals and also judgment dated 27.02.2015.
4. We have heard Mr. Ashok K. Gupta, learned senior counsel appearing for the appellants and Mr. S. Hari Haran, learned counsel appearing for the respondent(s) and also perused the impugned judgment.
5. During the course of hearing of the matters on various dates, the parties have negotiated the dispute amongst themselves and have amicably settled the matter. Legal heirs of the appellant and brothers/legal heirs of other brothers who are the applicants in the interlocutory application(s)/intervention application(s) and also the respondent-plaintiff and her sons have filed a Joint Application enclosing therewith the Settlement dated 18.11.2019. As per the said Settlement Deed the appellant-defendants and the applicants in the intervention application(s) are to pay a sum of L 1,35,00,000/- (Rupees One Crore Thirty Five Lakhs) in six installments, as indicated in the Settlement Deed; that upon payment of the entire amount of L 1,35,00,000/- (Rupees One Crore Thirty Five Lakhs) the respondent-plaintiff has to withdraw the various cases filed by her, as indicated in the terms of the Settlement Deed.
6. When the appeal was taken up today Mr. Anuj Bhajanka and Mr. Rajesh Bhajanka representing the appellant/intervenors & Mr. Nand Kishore Goyal and Mr. Anand Goel representing the respondent are present in the Court in-person and they have stated that they have voluntarily and willingly settled the matter. They have also stated that they shall ensure that the terms of the Settlement shall be complied by all concerned. Settlement Deed filed by the parties is taken on record which shall form part of this Order.
7. As per Settlement Deed as and when the last installment towards payment of the amount of L 1,35,00,000/- (Rupees One Crore Thirty Five Lakhs) is paid, the decree passed in Title Suit No.285/2005 on the file of Civil Judge No.2, Guwahati, District Kamrup (M) shall stand modified in terms of the Settlement Deed. In that view, all the claims of the respondent-plaintiff towards her share will be fully satisfied upon receipt of payment of the last installment towards the agreed sum of L 1,35,00,000/- (Rupees One Crore Thirty Five Lakhs) which shall be in full quit of all respondents' claims towards her share in the family properties inherited through Tikam Chand Bhajanka. The respondent-plaintiff shall also ensure that other proceedings initiated by her are withdrawn as and when she receives the last installment of L 1,35,00,000/- (Rupees One Crore Thirty Five Lakhs) and act as per the terms of the Settlement.
8. The appeals are accordingly disposed of in terms of the Settlement Deed. There shall be no order as to costs.
9. Both the parties are directed to ensure compliance of the terms of the Settlement Deed as agreed upon by them. Liberty is reserved to the parties to make a mention in case of any necessity.
