Ramesh Thakur vs Phulma (Since Deceased) Through Her Lrs Balak Ram And Another

M.S. Ramachandra Rao, CJ

CMP No. 6926 of 2023

This application is filed under Order 23 Rule 3 CPC to record compromise between the parties, terms of which are set out in para 4 of this application.

This Court had directed the parties to appear before the Registrar (Judicial) of this Court. They have appeared before the Registrar (Judicial) on 28.07.2023 and have been identified by their respective counsel(s). Copies of the Aadhar cards were also placed on record. Statements of the parties were also recorded, wherein they have admitted that they have entered into a compromise, terms of which are set out in para 4 of the application.

In view of the same and in view of the fact that the compromise appears to be lawful, RSA No. 432 of 2018 is disposed of in terms of the compromise set out hereunder.

“The terms of compromise are as under:-

(a) Appellant-applicant has agreed to forgo his entire claim made in the suit instituted by him for Specific Performance of Agreement i.e. based upon Agreement dated 04.03.1995 (Ex.PW2/A), Agreement dated 12.09.1997 (Ex. PW2/B) and Agreement dated 24.04.2006 (Ex. PW3/A), in lieu of respondents- applicants agreeing to pay a sum of Rs. 7,00,000/- (Rupees Seven Lacs Only), in total to appellant-applicant. On account of the claim having been given up by appellant- applicant, thus, upon receipt of the entire agreed amount of Rs.7,00,000/-, appellant- applicant shall have no claim left in respect of the suit land, for all intents and purpose. Respondents- applicants shall continue to be absolute owners in possession of the suit land without any rider, hinderance or obstruction of any kind by and from appellant-applicant. Respondents-applicants have also agreed to the same and undertake to pay the aforesaid amount to appellant-applicant in full and final settlement of the claim of appellant-applicant in the aforesaid two appeals.

(b) Respondents-applicants have agreed to pay the aforesaid amount by way of two instalments, i.e. 50% of the total amount has been liquidated by respondents-applicants at the time of execution of the present application by paying a sum of Rs. 3,50,000/-(Rupees Three Lacs Fifty Thousand Only) by way of Cheque No. 000119 dated 01-06-2023 drawn on UCO Bank, Dhundan favouring appellant- applicant (Shri Ramesh Thakur) drawn from the Account held jointly in the names of Smt. Sarita Kumari and Shri Dinesh Kumar (Account No. 08640510001141). The balance amount of Rs. 3,50,000/-(Rupees Three Lacs Fifty Thousand Only) has been agreed to be liquidated by way of a post dated Cheque bearing No. 000073 dated 30.3.2024 drawn on UCO Bank, Dhundan favoring appellant- applicant (Shri Ramesh Thakur) drawn from the Account held in the name of Shri Balak Ram (Account No. 08640110011744). The two original Cheques have been handed over to appellant-applicant at the time of execution of present application. Appellant-applicant upon receipt/realization of the amount under the aforesaid two cheques shall be deemed to have received the entire settled amount and the entire liability of respondents-applicants shall come to an end. Likewise, upon realization of the amount under the aforesaid two cheques, appellant-applicant, shall also not have any other claim left against respondents-applicants. It is agreed between the parties that appellant -applicant has also no other subsisting claim left in respect of the lis as well as from the respondents -applicants save and except receiving the amount under the cheques as and when presented to his Banker for encashment.

(c) Respondents-applicants have assured appellant-applicant that as and when the cheques in question would be presented for their encashment, within their period of validity, the same shall be duly honored. In case, the cheques get dishonored, respondents -applicants shall be liable under the provisions of Contempt of Courts Act as well as a right shall accrue in favour of appellant-applicant to institute proceedings under Section 138 of the Negotiable Instruments Act and any other proceedings as appellant - applicant may be entitled to in law including right to recover the amount together with interest @ 6% p.a. from the date it becomes due till realization of the amount.

(d) That respondents-applicants who have agreed and undertaken to pay the aforesaid amount by way of two cheques to appellant-applicant have also agreed and undertaken that in case, appellant-applicant is not able to realize the Cheque amount during his lifetime, the balance amount shall be paid to the legal heirs of appellant-applicant and upon demise of appellant-applicant, the liability respondents-applicants shall not come to an end.

(e) The parties agree that the present settlement shall also be for the purposes of disposal of R.S.A. No. 433 of 2018.”

All pending application(s) stand disposed of accordingly.