Ajit Kundu Modak Vs Manoj Kumar Sahu

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

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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

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1. Learned counsel for the parties are present.

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2. This appeal has been filed against judgment dated 08.05.2023

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(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.

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3. The original suit was filing for the following relief:-

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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.

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ii. For a decree for possession of the suit property in favour of plaintiff.

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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.

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iv. For all costs of this suit.

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v. For any other relief/reliefs to which the plaintiff may be found to be entitled under the law and/or equity.

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4. Learned counsel for the parties have jointly submitted a joint

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compromise petition being I.A. No. 1422 of 2025 putting on record

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the terms of compromise between the parties has been filed. The terms of compromise are as follows: -

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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.

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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/-

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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.

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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.

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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.

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f. That after payment of the aforesaid amount, the applicants shall have no claim over each other with respect to the suit property.

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5. Learned counsel for the appellants has submitted that the terms

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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:-

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“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.

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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.

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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 JudgmentDebtor/Appellants.

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Photocopy of application dated 10.06.2025 is being filed herewith and marked as Annexure-1.

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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.

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Photocopy of Order dated 10.06.2025 in Execution Case No. 24 of 2023 is being filed herewith and marked as Annexure-2.

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8. That, in terms of the aforesaid facts and circumstances, the present appeal is liable to be disposed of.

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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.”

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6. Learned counsels for the parties have jointly submitted that the appeal be disposed of in terms of compromise between the parties.