Partly allowed

Debasis Sahu v. Nabeen Ch. Sahu

Orissa HC20 Apr 2021RFA/68/2003

Case brief

AI extract

What is this about?

The court disposed of an appeal where parties conceded to a compromise arrangement regarding property titles. The compromise was accepted as lawful, the appeal was dismissed against respondents 3 to 5 in terms of the settlement, and the interim applications formed part of the preliminary decree.

What did the court decide?

Compromise accepted; appeal disposed of and dismissed against Respondents 3 to 5 in terms of compromise; interim applications form part of preliminary decree.

Debasis Sahu Vs Nabeen Ch. Sahu — Property and Title | Orissa HC (2021)

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R.F.A. No.68 of 2003

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I.A. No.99 of 2020

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20.04.2021 This matter is taken up through video conferencing mode.

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Heard.

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Prayer for substitution of the legal representatives of deceased Respondent No.2 is allowed. The legal representative of deceased Respondent No.2 as shown in the schedule of the petition are hereby arraigned as Respondent Nos.2(a) and 2(b) respectively.

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The I.A. is accordingly disposed of.

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R.F.A. No.68 of 2003

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I.A. No.132 of 2019 I.A. No.108 of 2020

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20.04.2021

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The consolidated cause title indicating all such incorporations in view of the death of the parties sent by Mr. S.S. Rao, learned counsel for the Appellants through E- Mail having been downloaded is taken on record and accepted. The same be placed at its appropriate place in the record.

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The newly added Respondents, i.e., Respondent No.2(a) and 2(b) having entered appearance through their counsel, service of notice of the appeal upon them is no more necessary.

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Mr. S.S.Rao, learned counsel for the Appellant (Defendant No.1) and Mr. D.K. Sahu, learned counsel for the Respondent No.1 (widow of the deceased Plaintiff) have appeared in the virtual mode.

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Mr. S.N. Nayak, learned counsel, who has entered appearance on behalf of the newly added Respondent Nos.2(a) and 2(b) too has appeared in the virtual mode.

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The Respondent Nos.3 and 5 have been arraigned as a party to the suit at the stage of this Appeal on an application being filed by the Appellant (Defendant No.1) that Respondent No.1 has executed a power of attorney in his favour of Respondent No. 3 authorizing him to sale the properties in Bhubaneswar described in the item in schedule ‘D’ of the plaint, which is the property allotted by the Respondent No. 5 i.e. Bhubaneswar Development Authority (BDA). The Respondent No. 4 has been arraigned as the purchaser of that item of property in schedule ‘D’ during pendency of this Appeal.

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Learned Counsels present as above now submit that the Appellant (Defendant No.1), the Respondent No.1(widow of the deceased Plaintiff) and Respondent No.2(a) and 2(b) in order to put an end to the long standing litigation and to restore cordial relationship on the intervention of the well wishers and friends have arrived at a compromise which have been reflected under the terms and conditions as

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indicated in the Interim Application giving rise to I.A. No.132 of 2019 read with the Interim Application giving rise to I.A. No.108 of 2020. They thus while submitting for disposal of this Appeal in terms of compromise arrived at between the parties also pray for dismissal of this Appeal against Respondent Nos. 4 and 5.

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The learned Counsels appearing as above admit the signatures of the parties as find place in those applications and state that those applications have been written under their instruction and they having read the same and knowing fully well that the contents have been correctly written have signed thereon and they want to put to an end to the long standing litigation so as to restore the cordial relationship amongst them. The learned Counsels present also admit the compromise on behalf of respective parties.

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In view of the submissions as above, the Interim Application, i.e., I.A. No.99 of 2019 read with the Interim Application, i.e, I.A. No.132 of 2019 being perused, this Court does not find that the said compromise arrived at amongst the parties is unlawful. Furthermore, their prayer being for disposal of the Appeal in terms of said compromise and dismissal of this Appeal as against Respondent Nos. 3 to 5, this Court finds no such reason for further continuance of this Appeal as against them.

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Accordingly, the compromise is accepted. The Appeal stands disposed of in terms of said compromise and it is dismissed as against Respondent Nos. 3 to 5. The Interim Application vide I.A. No.132 of 2019 read with Interim Application vide I.A. No.108 of 2020 shall form part of the preliminary decree.

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Accordingly, the R.F.A. and I.As. are disposed of.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

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Debasis Sahu v. Nabeen Ch. Sahu

Case brief

What is this about?

What did the court decide?

Debasis Sahu v. Nabeen Ch. Sahu

Case brief

What is this about?

What did the court decide?

What the court decided

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