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Judgment
Sabyasachi Bhattacharyya, J.:-
Learned counsel for the parties hand over written terms of settlement on the basis of which the parties have resolved their dispute out of court.
Although the respondent no. 9/developer is not a party to the said terms of settlement, learned senior counsel appearing for the said respondent submits that in view of Clause – XI of the terms of settlement, whereby the respondent nos. 1 to 8 undertake to withdraw all objections, complaints and communications made to Kolkata Municipal Corporation and other authorities, including their letters dated April 27, 2026, to the notice of the appellants herein and also expressly recording that they have no objection to any step taken by the appellants and the respondent no. 9 in respect of 53A, Diamond Harbour Road, Kolkata- 700 038, subject to the said clause being implemented, the respondent no. 9 also has no objection to the matter being settled out of court.
Along with the terms of settlement affirmed on October 8, 2026, a Board Meeting Resolution dated October 12, 2026 in original is also handed over to Court and kept on record, from which it transpires that in terms of the compromise petition, the Trust seeks to withdraw the termination of lease to the appellant no. 1 vide letter dated May 12, 2026 and withdraw Title Suit No. 1258 of 2026 pending before the Alipore Court.
Withdrawal of the letter dated June 15, 2026 addressed to the Executive Engineer, Building Department, Borough- XIII, KMC and copy to DG, Building Department, KMC and the Municipal Commissioner, KMC has also been recorded.
In such view of the matter, FMA No. 1166 of 2026 is allowed on contest, thereby setting aside the impugned order dated August 21, 2026 passed by the learned Civil Judge (Senior Division), First Court at Alipore, District- South 24 Parganas in Title Suit No. 1258 of 2026 and recalling the subsisting orders dated September 24, 2026 and September 30, 2026 as per Clause –XIII of the terms of settlement.
In view of the terms of settlement being reduced to writing, the same is kept on record along with the Board Meeting Resolution dated October 12, 2026, both of which be made a part of this order.
CAN 1 of 2026 is consequentially disposed of as well.
The parties will be at liberty to approach the Trial Court, where the parent suit is pending, for disposal of the said suit in terms of the compromise.
There will be no order as to costs.
Urgent certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.