Sudarshan Yadav Vs Subhash Kumar Singh Alias Subhash Kushwaha

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2025: JHHC: 20161

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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S.A. No. 30 of 2023

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Sudarshan Yadav, aged about 73 years, S/o late Budhan Yadav

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Dilram Yadav, aged about 70 years, S/o late Bodh Yadav Both R/o Panch Mandir Road, Madhupur, PO/PS- Madhupur, DistrictDeoghar … … Appellants/Appellants/Defendants Versus

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Subhash Kumar Singh @ Subhash Kushwaha, S/o Gopal Pd. Koiry, R/o Ramjas Road also known as Kali Mandir Road, Madhupur, PO/PSMadhupur, dist- Deoghar.

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… … Respondent/Respondent/Plaintiff

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--- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Appellants : Mr. Kanishka Deo, Advocate For the Respondents : Mr. Pran Pranay, Advocate

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15/22^nd July 2025 1. Learned counsel for the parties are present.

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2. This appeal has been filed against the judgment dated 30.11.2022 (decree sealed and signed on 07.12.2022) passed by the learned District Judge-I, Madhupur, Deoghar in Civil Appeal No. 25 of 2018 affirming the judgment dated 09.03.2018 (decree sealed and signed on 17.03.2018) passed by the learned Civil Judge (Sr. Division) IV, Deoghar in Title Suit No. 47 of 1989. The learned trial court has decreed the suit of the plaintiff on contest without any cost in favor of the plaintiff.

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3. The suit was filed for the following reliefs: -

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a. Declaration of the plaintiff’s title to the suit property describing in Schedule-B property and confirmation of her possession over the same except Schedule-D property for which she prays for recovery of possession after evicting the defendants or whosoever may be found in possession of the same. In case the plaintiff is found dispossessed from

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2025: JHHC: 20161

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any further portion of Schedule-B property in the plaint, she is entitled to recovery of possession of the said portion also. b. Damages at the rate of Rs. 50/- per day from the date of suit till recover of possession. c. Declaration that sale deed No. 2624 of 1987, 2625 of 1987 and 2596 if 1988 referred to above are forged, fabricated, illegal and inoperative under law. d. Temporary and permanent injunction against the defendants restraining them from alienating the suit property causing any alteration in the same and disturbing plaintiff’s possession over the remaining portion of the suit property in any manner.

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e. Cost of the suit. f. Any other relief or reliefs to which the plaintiff may be entitled.

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4. Learned counsels for the parties have jointly submitted that the appeal be disposed of in terms of compromise between the parties which has been placed on record . The terms of compromise are as under: -

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“Both the above parties (i.e. Appellants & Respondent) are mutually agreed to settle amicably their above case issues under the following terms & conditions set forth below:

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The Full and Final Settlement money as agreed mutually by both the above parties in the above case at Rs. 3,51,00,000/- (Rupees Three Crore Fifty One Lakhs only).

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Out of the above Settlement money of Rs. 3,51,00,000/(Rupees Three Crore Fifty One Lakhs only), the Appellants have already paid Rs. 76,00,000/- (Rupees Seventy Six Lakhs only) to the Respondent up to 09.06.2025 and the same has been confirmed by the Respondent also. It would be reduced from the above Final Settlement Money of Rs. 3,51,00,000/- (Rupees Three Crore Fifty One Lakhs only as agreed mutually by both the parties).

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The Balance Settlement Money of Rs. 2,75,00,000/(Rupees Two Crore Seventy Five Lakhs only) shall be paid

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in the following manner in 8 (Eight) Instalments as mutually agreed by both the parties on this date:

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Number of	Amount of	Modus Operandi of Payments
Instalments	Instalments in Rupees
I	35,00,000/-	Between 15^thto 30^thday of Jun,2025
II	35,00,000/-	Between 15^thto 31^stday of July, 2025
III	35,00,000/-	Between 15^thto 31^stday of August, 2025
IV	35,00,000/-	Between 15^th to 30^th day of September, 2025
V	35,00,000/-	Between 15^thto 31^stday of October, 2025
VI	35,00,000/-	Between 15^th to 30^th day of November, 2025
VII	35,00,000/-	Between 15^th to 31^st day of December, 2025
VIII	30,00,000/-	Between 15^thto 31^stday of January, 2026
TOTAL	2,75,00,000	/- Rupees Two Crore Seventy Five Lakh Only

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Further it is also agreed mutually by both the above parties that the above instalment may be paid in Advance against next Instalment as agreed mutually by both the parties.

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All the above agreed payments shall be made in the name of Respondent through Bank Account as detailed below:

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Name:	SUBHASH KUMAR SINGH
Name of Bank & Branch:	HDFC Madhupur Branch
Account Number:	99999334371145
IFSC:	HDFC0002281

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After receiving the full settlement money on 8^th instalment all the related matter in this case shall be closed/settled/disposed as per the relevant laws and regulations.”

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5. Accordingly, and with the consent of the parties, this appeal is disposed of in terms of the aforesaid compromise entered into between the parties.

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6. Pending I.A., if any, is closed.

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7. Office to prepare decree.

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8. Let this order be communicated to the concerned courts through ‘email/FAX’.

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(Anubha Rawat Choudhary, J.)

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Mukul/-

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