The High Court disposed of a second appeal involving a partition suit regarding agricultural land after approving a joint compromise application filed under Order 23 Rule 3 CPC that detailed the specific division of land among appellants and respondents.
Second appeal disposed of in terms of the compromise terms detailing land division.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.390 of 2010
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2 (ii) Madan Pandey, both sons of Late Dudhnath Pandey, Village Dhobaha Purrbpulla, P.O. and P.S. Chand, Bhabhua, Kaimur
... ... Defendants 1st set/Respondents 1st set/Appellants Versus
Plaintiffs/Appellants/Respondents 1st set
... ... Defendant 2nd set/Respondent 2nd set
====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar For the Respondent/s : Mr. Dronacharya ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
12 09-10-2018
A joint application has been filed under Order XXIII,
Rule 3 of the Code of Civil Procedure for compromise. The terms of the compromise have been elaborately mentioned in paragraph 11 of the application which reads thus:-
“11. That originally total lands in dispute was 14.71 ares in Survey Khatian as well in Chak Khatian, but on spot only 14 acres land exists since same land has been taken out as chak out land in
Patna High Court SA No.390 of 2010(12) dt.09-10-2018 2/4
consolidation proceeding and as such only 14 acres land has been divided ½ & ½ between the Appellants and Respondent no. 1 & 2 as follows:-
(i) Appellants namely Ram Bilash Pandey, Munna Pandey and Madan Pandey both sons of Late Dudhnath Pandey and Radha Mohan Pandey i.e. Appellant no. 1, 2(i), 2(ii) & 3 will get 1.06 acres lands in chak Khata no. 24 Chak Plot no. 123 and 17 decimals land in Chak Plot no. 133 East of lands of Ram Nagina Singh bounded as :
Chak Plot No. Area Boundary 123 1.06 North-Lal Mohammad Mian South- Road East- Chak Nali West- Banarasi Pandey & Maqubul & others 133 0.17 North-Ram Bilash Pandey & others South- Umar Mian East - Ram Bilash Pandey & others West – Ram Nagina Singh
(ii) Appellant no. 4 Md. Jokhu @ Jokhoo Mian will get Chak Plot no. 110 Area 1.20 acres, Chak Plot no. 111 Area 15 decimals which lies side by side and also Chak Plot no. 133 Area 1.65 acres i.e. altogether 3 acres land bounded as :
Chak Plot No. Area Boundary 110 & 111 1.35 North -Chamtoli South- Kabristan East - Chhawar
Patna High Court SA No.390 of 2010(12) dt.09-10-2018 3/4
West – Chhawar 133 1.65 North- Jakir Hussain South- Road East -Maqubul Alam & Ram Nagina Singh West- Chak Nali
(iii) Appellant No. 5 Ram Nagina Singh will get 2.77 acres land in Chak Plot no. 133 from East of Md. Jokhu @ Jokhoo Mian and South of Respondent no. 1 & 2/ his heirs Sheikh Maqubul & others :-
Chak Plot No. Area Boundary 133 2.77 North – Sonau Mian & Pyare Pandey South- Maqubul Alam & others East- Ram Bilash Pandey West- Md. Jokhu
(iv) Respondent No. 1 7 2 and their heirs namely Maqubul Alam, Maqsood Alam, Mahfooz Alam, Habiban Bibi, Sahela Bibi, Sheikh Khurshid Alam and Sheikh Tawez Alam will altogether get 7 Acres land out of which they will get 4.84 lands in Chak Plot No. 123 from Western side and 2.16 acres land in Chak Plot no. 133 from Eastern side after Md. Jokhu @ Jokhoo Mian, which will be equally distributed among the heirs of Sheikh Murad i.e. among his 4 sons and widow each having 1/5th share each :
Chak Plot No. Area Boundary
123 4.84 North- School/Tahir Mian South-Ganga Sah 7 Moti Sah & Late Banarasi
Patna High Court SA No.390 of 2010(12) dt.09-10-2018 4/4
Pandey East-Ram Bilash Pandey & others West- Chhawar/Chak Nali 133 2.16 North- Ram Nagina Singh South - Road East- Maqsood Mian West- Md. Jokhu”
Mr. Dronacharya, learned counsel, appearing on behalf of the respondents, does not have any objection to the disposal of the present second appeal in terms of the said compromise.
This second appeal stands disposed of accordingly in terms of the said compromise.
(Chakradhari Sharan Singh, J)
HR/-
U
1 provisions across 1 enactments
Ram Bilash Pandey and others
Shekh Murad Hussain and others
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
