Wariyam Singh Vs Basant Kumar Agarwalla

( 2025:JHHC:19322 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No. 253 of 2018 With I.A. No. 9362 of 2025

Wariyam Singh, son of Late Sardar Inder Singh, age 65 years, resident of Katras Road, Matkuria, P.O. Dhanbad, P.S. Bank More, District Dhanbad (Jharkhand) … … Defendant/Appellant/Appellant

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Versus Basant Kumar Agarwalla, son of Ram Kishore Agarwalla, resident of Purana Bazar, Dhanbad, P.O. & P.S. Dhanbad, District Dhanbad (Jharkhand) … … … Respondent

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Appellant : Ms. Prerna Jhunjhunwala, Advocate For the Respondent : Mr. S.S. Sahay, Advocate ---

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10 /16.07.2025 Learned counsel for the parties are present.

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2. This appeal has been filed against the judgment dated 06.06.2018 (decree signed on 12.06.2018) passed by the learned District Judge-XIV, Dhanbad in Title Appeal No. 165 of 2009, whereby the learned First Appellate Court has dismissed the appeal and upheld the judgment dated 28.08.2009 (decree signed on 03.09.2009) passed by the learned Additional Munsif-I, Dhanbad in Title (Eviction) Suit No. 64 of 2003, whereby the suit has been decreed.

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3. Interlocutory application by way of joint compromise being I.A. No. 9362 of 2025 has been filed during the court proceedings which is taken on record.

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4. The terms of compromise are as follows:-

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“That in view of the settlement arrived in between the parties, the instant S.A. No. 253 of 2018 may be allowed in aforesaid terms and condition:-

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a. The respondent has agreed to pay a sum of Rs. 42,50,000/- (Rupees Forty Two Lakh Fifty Thousand only).

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b. Out of the above-mentioned amount, the respondent has paid Rs. 20,00,000/- via RTGS to the appellant on 14.10.2022. Further a sum of Rs. 20,00,000/- was again paid via RTGS to the appellant on 18.10.2022.

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( 2025:JHHC:19322 )

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c. The remaining amount of Rs. 2,50,000/- is to be paid by the respondent to the appellant after disposal of the instant second appeal. Both the parties have agreed that the said amount of Rs. 2,50,000/- will be paid via a postdated cheque to be handed over to the appellant by the respondent after disposal of the instant second appeal.

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d. The appellant has vacated the suit premises on 18.10.2022.

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That it is stated that this joint compromise shall be deemed to be full and final settlement between the parties with respect of all pending and future claims against each other and the parties hereby undertake that in their respective cases, they are at liberty to bring this settlement to the knowledge of concerned Courts for passing of appropriate order.”

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5. The counsels have submitted that this appeal be disposed of in terms of the compromise.

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6. In view of the aforesaid submissions of the parties, this appeal is disposed of in terms of the compromise between the parties.

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7. I.A. No. 9362 of 2025 is disposed of.

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8. Any other pending I.A. is closed.

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9. Office to prepare decree in terms of the joint compromise.

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10. Let a copy of this order be communicated to the concerned court through FAX/E-mail.