Supreme Court - Daily Orders
Shaji V.P vs K.T. Unnikrishnan on 25 March, 2025
Bench: J.K. Maheshwari, Aravind Kumar
ITEM NO.14 COURT NO.6 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) Nos. 15914-15915/2018
[Arising out of impugned final judgment and order dated 26-02-2018
in WA No. 485/2018 25-05-2018 in RP No. 248/2018 passed by the High
Court of Kerala at Ernakulam]
SHAJI V.P. & ORS. Petitioner(s)
VERSUS
K.T. UNNIKRISHNAN & ORS. Respondent(s)
Date : 25-03-2025 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.K. MAHESHWARI
HON'BLE MR. JUSTICE ARAVIND KUMAR
For Petitioner(s) :
Mr. A. Karthik, AOR
Ms. Smrithi Suresh, Adv.
Mr. Sugam Agrawal, Adv.
Mr. Ujjwal Sharma, Adv.
For Respondent(s) :
Mr. Mohammed Sadique T.A., AOR
Mr. Alim Anvar, Adv.
Mr. Santhosh K, Adv.
Mr. Rahul Narang, Adv.
Ms. Vishwaja Rao, Adv.
Mr. Harshed Sundar, Adv.
Mr. Nihar Dharmathikari, Adv.
Mr. Rajesh Singh, AOR
Mr. Hitesh Kumar Sharma, Adv.
Mr. Akhileshwar Jha, Adv.
Mr. Sanjiv Kumar Jain, Adv.
UPON hearing the counsel the Court made the following
Signature Not Verified
O R D E R
Digitally signed by NIDHI AHUJA Date: 2025.04.08
1) The petitioners being the auction purchaser of the property 16:57:35 IST Reason: (Sy no. 183/2, ad measuring 12.833 cents or 5.19 Ares, 1 SLP (C) Nos. 15914-15915/2018 Ezhupunna Village, Cherthala Taluk, Alappuzha District), secured with the Respondent no. 2 – Bank, are aggrieved by the failure in handing hand over its possession despite issuance of the sale certificate. Whereas Respondent no. 1 is aggrieved by the issuance of sale certificate in favour of petitioners. Subsequently, litigation ensued, and the petitioners, having been unsuccessful in the preceding proceedings, have approached this Court in the present special leave petition.
2) During pendency, the private parties have settled their dispute and Interlocutory Application No. 4251 of 2025 has been filed seeking direction thereby attaching a copy of the Agreement of Compromise entered on 24.12.2024. The relevant portion of the agreement is reproduced as under:
“WHEREAS, the THIRD PARTY is the absolute owner in possession of the immovable properties having an extent of 05.67 ares comprised in Survey No 183/2 of Ezhupunna Village by Sale Deed No.245/2018 registered at Book No.1, Volume 2021, pages from 143 to 149 of the Kuthiathodu Sub-Registry Office and mutated in Ezhupunna village under Thandapper Account No. 24254 and paying land tax for the area of 05.67 ares in Survey No. 183/2-2-1 of Ezhupunna and remitting building Tax for the Buiding therein as 7/126A in Ezhupunna panchayath.
The preamble of the compromise designates the three parties involved. The person who is the owner of the land having an extent of 05.19 Ares and buildings thereon is the First Party. The Second Party jointly is the Auction winner of the Properties and the Third Party is the purchaser of the Properties from the First party under the registered sale agreement No.244/2018 SRO Kuthiathodu and he is the owner of the land having an area of 05.67 Ares i.e. 2 SLP (C) Nos. 15914-15915/2018 front portion is coverded by the 05.19 Ares above mentioned.
WHEREAS disputes and differences have arisen between the parties aforementioned regarding the Public Auction of the First Properties and valuation of the First properties above mentioned AND WHEREAS the Second Party is challenging the decision of the High Court of Kerala from the Apex Court and finally the parties herein co related each other have agreed to settle their disputes and differences amicably between themselves without recourse to litigation and for that purpose are willing to abandon their claims in the manner hereinafter appearing.
AND WHEREAS the First Party and Third Party have agreed jointly to sell 04.34 Ares (10.716 cents) and buildings thereon, made up of 07.716 cent (03.13 Ares) of the First Party and 03.000 cent (01.21 Ares) of the third party @ Rs.10,05,000/- (Rupees Ten Lakhs Five thousand only) per cent and relying on the aforesaid assurance of the First Party and third party, the second party jointly have agreed to purchase the properties together with full rights and possession over the land and six shop rooms thereon with all permanent fittings and fixtures thereon, electric and water connection thereto, deposits for the same for a total sale consideration of Rs.10,76,95,80/-
(Rupees One Crore Seven Lakhs Sixty Nine Thousand Five Hundred Eighty only) Out of the total amount, the Second Party is bound to pay Rs.77,54,580/- (Rupees Seventy Seven Lakhs Fifty Four Thousand Five Hundred Eighty only) to the First Party and Rs.30,15,000/- (Rupees Thirty Lakhs Fifteen Thousand only) to the Third Party.
AND WHEREAS the Second Party is hereby agreed either to withdraw the Petition/Appeal before the Apex court or to dispose of the case filing petition of compromise. A Sketch prepared for the above 10.716 cents of property shall form part of this agreement.
1. The Second Party is hereby prepared to pay total sale consideration of Rs.10,76,95,80/- (Rupees One Crore Seven Lakhs Sixty Nine 3 SLP (C) Nos. 15914-15915/2018 Thousand Five Hundred Eighty only) for the dry land having an area of 10.716 cents having National Highway Access and 6 shop rooms therein belonged to First and Third party herein or concerned parties according to their portion during the execution and registration of Sale Deed in their favour.
2. The Third party is also bound to pay the total sale consideration of Rs.55,92,125/- (Rupees Fifty Five Lakhs Ninety Two Thousand One Hundred and Twenty Five only) to the First Party for the dry land having an area of 04.565 cents having National Highway Access and the buildings therein @ Rs.12,25,000/- per cent during the time of execution and registration of Sale Deed in faovur of Third party.
3. The sale deed shall contain the usual covenants, conditions and assurances regarding clear and marketable title of the First Party and Third Party free from encumbrances and other impediments and indemnity clauses.
4. All expenses including stamp duty and registration fee towards the dry land having an area of 04.34 Ares (10.716 cents) and buildings thereon for the preparation and registration of the sale deed shall be exclusively met by the Second Party.
5. The First and Third Party shall furnish to the Second Party all deeds and documents pertaining to the said properties, encumbrance certificate for the last 30 years, latest land tax and building tax receipts, possession certificate etc before the execution of the sale deed.
6. It is agreed by the Second Party and Third Party that they are ready to register the sale deed by paying full consideration within Six(6) month or at any time from date of this Agreement of Compromise. If the second party makes default in completing the sale within the stipulated period by paying entire sale consideration this agreement of compromise shall be deemed to have been terminated.”
3) Learned counsel for the petitioners submits that in 4 SLP (C) Nos. 15914-15915/2018 furtherance to the auction, they purchased the property and a sum of Rs.85,60,000/- was deposited by them with the Bank on 04.01.2018 which is lying with the Bank. However, the said amount may be ordered to be refunded along with interest as per the Bank rate.
4) Controverting the said fact, Mr. Rajesh Singh, learned counsel representing the Bank, has filed affidavit inter alia, not disputing the fact that the amount was deposited by the petitioners in the Bank in furtherance to the auction proposed by them but has stated that the said amount is lying in non-interest bearing account of the Bank, therefore, the payment of interest may cause extra financial burden on the Bank.
5) After hearing learned counsel for the parties at length, we are of the considered opinion that the agreement as entered between the parties may be accepted and the parties are directed to comply with the terms of the said agreement.
6) So far as the amount of Rs.85,60,000/-, as deposited by the petitioners is concerned, in light of the peculiar facts and circumstances of the case, it be refunded by the Bank along with Simple Interest at 6% p.a. within a period of four weeks.
7) In view of the foregoing, the special leave petitions stand disposed of resolving the dispute and putting a quietus to the litigation between the parties in terms of 5 SLP (C) Nos. 15914-15915/2018 the agreement of compromise, and refund as directed above. The Agreement of Compromise dated 24.12.2024 shall form a part of this order.
8) Pending application(s), if any, shall stand disposed of.
(NIDHI AHUJA) (NAND KISHOR)
AR-cum-PS ASSISTANT REGISTRAR
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