Chattisgarh High Court
Kishan Kumar Agrawal vs Rev. N.L. Soni 42 Comp/1/2008 M/S.Mill ... on 1 October, 2018
1
HIGH COURT OF CHHATTISGARH, BILASPUR
FA No. 24 of 1993
Kishan Kumar Agarawal, S/o Shri Pawan Kumar Agarawal, aged about 26
years, R/o Naya Sharkanda, Bilaspur, C.G.
----Appellant
Versus
1. Rev. N.L. Soni, Executive Secretary Indian Church Council of the disciples of
Christ Resident of Ashlay Memorial Banglow, Moholla, Jarhabhata, Bilaspur.
2. The Indian Church Council of the Disciples of Christ, through its Executive
Secretary Rev. N.L. Soni Ashley Memorial Banglow, Jarhabhata, Bilaspur (MP)
(Now C.G.)
---- Respondents
For Appellant : Shri Rahul Jha and Shri Harsh Wardhan, Advocates Shri N.L. Soni, Advocate - Respondent No.1 is present in person For respondent No.2 : Shri Nalin Soni, Advocate Appellant Kishan Kumar Agarawal, is also present before the Court.
Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/10/2018
1. Heard on the application filed under Order 23 Rule 3 CPC for compromise filed by the parties.
2. Shri Kishan Kumar Agarawal, is present in person before this Court, he is identified by Shri Rahul Jha and Shri Harsh Wardhan, Advocates.
3. Shri N.L. Soni, respondent No.1 in person and Shri Nalin Soni, learned counsel for respondent No.2 are also present before the Court.
4. Learned counsel for the parties submit that the compromise has been arrived at 2 in between the parties. The compromise/settlement also prescribes that a demand draft of Rs.10 Lakhs to be paid in the name of Indian Church Council of the Disciples of Christ. The demand draft is handed over to Shri Nalin Soni, learned counsel for respondent No.2, he accepts the same. Both the parties i.e. the appellant and the respondents submit that they have arrived at compromise and the decree be drawn in terms of the compromise/settlement. It is further submitted that the settlement is without any undue influence and favour and no suppression of fact has been made and the appellant do not want to prosecute this appeal further.
5. Considering the submission of the parties and their respective admission, the appeal is disposed of as compromised on the following terms and conditions which would be the part of the decree which are as under:-
"i. Rev. N.L. Soni who is respondent No.1 in the First Appeal No.24/1993 is authorized to enter into the instant Deed of Settlement under the authorization conferred vide society resolution dated 27.05.2005 by the ICCDC which is a society and respondent no.2 in the First Appeal No.24/1993. A copy of the resolution dated 27.05.2005 is marked herewith as Enclosure A. (Resolution would also be part of decree) ii. The Second Party after due verification of the old records accepts that the resolution of the Board of Trustees of U.C.M.S. (U.S.A.) is valid as it is corroborated with the subsequent ratification issued by the U.C.M.S. (U.S.A.) which confirms the resolution dated 23.06.1971 through which a valid Power of Attorney was issued by U.C.M.S. (U.S.A.) in faovur of Late F.C. Jonathan.
iii. It is also accepted by the Second Party that U.C.M.S.(U.S.A.) is the parent body and actual owner of the disputed property as such had full authority to dispense with such property through legally appointed Power of Attorney which U.C.M.S. (U.S.A.) had done vide Power of Attorney dated 23.06.1971.3
iv. The Second Party therefore being a true disciple of Christianity acknowledges that since the Power of Attorney issued in favour of Late F.C. Jonathan by U.C.M.S.(U.S.A.) is valid in the eyes of the Society of the Second Party therefore the sale made by Late F.C. Jonathan in the name of Late Banwari Lal Agrawal is also lawful and proper as such the First Party having entered as appellant in the First Appeal F.A. No.24/1993 is entitled to be owner of the disputed property.
v. Now therefore the Second Party will hand over the disputed property to the appellant.
vi. Since the dispute is subsisting for past 50 years approximately the Second Party had to incur expenses all through these years in litigation and other ancillary purposes which had been done through the funds of the Society as such the First Party agrees to pay the expenses of Rs.10 Lakhs by way of Demand Draft vide Demand Draft No.501192 issued by I.C.I.C.I. Bank having Drawee Branch (1814) Bilaspur - Mangla Chowk dated 27.09.2018 in the name of Indian Church Counsil of the Diciples of Christ (ICCDC) so that the Second Party being a Society does not suffer any loss.
vii. It is further settled that both the parties herein shall jointly make an application before the Hon'ble High Court of Chhattisgarh for final decision in terms of the instant compromise deed.
Today on 30th September 2018 the contents of the Deed of Settlement deed is read over and explained to both the parties who after careful understanding of the same have agreed to execute with free will, without any coercion or undue influence taking consideration of all the aspects as such the instant Deed of Settlement between the above First and Second Party shall be final and can not be challenged/appealed in any court of law in future under any circumstances. The compromise deed is signed by the respective parties."
6. Accordingly, the appeal is disposed of in terms of the above compromise.
Sd/-
Goutam Bhaduri Judge Ashu