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Judgment
K.R. Mohapatra, J
I.A. No.1163 of 2023
This matter is taken up through hybrid mode.
Order dated 6th July, 2023 (Annexure-6 series) passed by learned 2nd Additional District Judge, Rourkela in Civil Revision No.01 of 2023 is under challenge in this CMP, whereby dismissing the revision, order dated 11th November, 2022 (Annexure-4) passed by learned Senior Civil Judge, Rourkela in C.S. No.266 of 2022 has been confirmed.
It is submitted by Mr. Mishra, learned counsel for the Plaintiff-Petitioner that C.S. No.266 of 2022 has been filed for declaration of his right, title, interest and confirmation of his possession over the suit schedule land as well as for perpetual injunction restraining the Defendant No.1 from cultivating the suit land and coming over the same along with cost. The suit Schedule ‘A’ land is as follows:
SCHEDULE-A
Mouza- Kuarmunda, P.S.- Birmitrapur, Tahasil- Panposh at Kuarmunda, Dist- Sundargarh, Khata No.54
Plot No
Kisam
Area
907
Goda-II
Ac. 0.23 res
912/2995
Goda-II
Ac. 0.24 res
316/3008
Goda-II
Ac. 0.35 res
910/3201
Goda-II
Ac. 0.50 res
4 Plots Total area Ac. 1.32 res
During pendency of the suit, an application under Order XXIII Rule 3 CPC was filed to settle the matter on the terms and conditions stated herein below:
“Terms of Compromise
(a) That the right, title and interest of the plaintiff over the schedule land may be declared and his possession may be confirmed over the schedule.
(b) That the defendant No 1 may be restrained perpetually from interfering with the peaceful possession of the plaintiff over the schedule land.
(c) That the plaintiff shall be at liberty to apply for record of right in his name at Tahasil office Panposh at Kuarmunda for the schedule land and there shall be no any objection from the defendants.
(d) That the defendants hereby admit the Will Dt. 20.11.1998 of the schedule land made by Kunda Goud, the father of the defendant No. 2 in favour of the plaintiff on Dt. 20.11.1998 and further the defendant No. 2 undertakes to never interfere with the peaceful possession of the plaintiff over the schedule land.”
The said application was rejected vide order dated 11th November, 2022 under Annexure-4. Assailing the same, the Petitioner moved this Court in CMP No.1218 of 2022, which was disposed of 9th January, 2023 as withdrawn to enable the Petitioner to file a revision under Section 115 Cr.P.C. Accordingly, the Petitioner filed Civil Revision No.1 of 2023 before learned 2nd Additional District Judge, Rourkela. The said civil revision was dismissed vide order under Annexure-6 series holding that there is no infirmity in the order dated 11th November, 2022 passed by learned trial Court in C.S. No.266 of 2022. Hence, this CMP has been filed.
During pendency of the CMP, I.A. No.1163 of 2023 has been filed supported by joint affidavit by Opposite Party Nos.1 and 2 to dispose of the CMP in terms of the compromise arrived at between the parties before learned trial Court.
Perused the aforesaid terms and conditions in the petition under order XXIII Rule 3 CPC, which discloses that the terms and conditions are lawful. The parties appear in person in Court today and they are identified by their respective counsels. They have also filed self attested photocopies of their respective Aadhar Cards in support of their identity. This Court personally interacted with the parties. The terms and conditions are read over and explained to the parties, which they accepted to be true and correct.
Learned counsel for the parties are also submit that the parties are agreeable to the terms and conditions as quoted herein above.
Taking into consideration the submissions made by learned counsel for the parties and the statement made by the parties appearing in person in Court and on perusal of the terms and conditions, this Court finds that there is no difficulty in disposing of the CMP as well as the suit on the aforesaid terms and conditions (quoted supra).
Accordingly, the CMP is disposed of in terms of the compromise, as quoted above. The suit is also disposed of accordingly.
Learned trial Court is directed to prepare the decree in terms of the compromise arrived at between the parties on the aforesaid terms and conditions.
Urgent certified copy of this order be granted on proper application.
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