Supreme Court - Daily Orders
Subash Chandra Behra (D)Thr.Lrs. vs Nayana Sundari Bewa (D) Thr.Lrs.. on 5 April, 2016
Bench: V. Gopala Gowda, Amitava Roy
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).3506 OF 2016
(@ SLP (C) NO(S).20344 OF 2011)
SUBASH CHANDRA BEHRA (D)THR. LRS. APPELLANT(S)
VERSUS
NAYANA SUNDARI BEWA (D) THR.
LRS.& ORS. RESPONDENT(S)
O R D E R
Leave granted.
Perused the mediation report along with covering letter dated 30.03.2016, sent by Hon'ble Mr. Justice A.K. Patnaik, former Judge of this Court, who has been requested by this Court to act as a mediator and settle the dispute between the parties.
Signature Not VerifiedHeard learned senior counsel/learned counsel for Digitally signed by VINOD KUMAR Date: 2016.04.11 10:44:43 IST Reason: the parties. They submit that the matter between the parties has been settled as per the terms and 2 conditions mentioned in the settlement, signed by the parties whose signatures have been identified by their respective counsel, which shall form part of this order and are extracted hereunder:
“Pursuant to the Letter issued by the Hon'ble Justice Shri A.K. Patnaik former Judge, Supreme Court of India appointing me to assist him in this mediation and in view of the Notice Dated 24.02.2016 to the parties and their Learned Advocates as well as to me to participate in the final sittings of the mediation on the 26th March 2016 (Saturday) and the 27th March 2016 (Sunday) at 11 A.M. at Gopal Bhawan, Cantonment Road, Cuttack, the parties as well as their learned Advocates including me were present on the 26th March 2016 at 11 A.M. at the place mentioned in the notice.
The matter was taken up for further mediation before Hon'ble Justice Shri A.K. Patnaik. After thorough discussion, the parties decided for settlement of their dispute through mediation in order to keep peace amongst themselves and to avoid ruinous litigations. The parties settled their dispute for all time to come on the following terms of settlement:-
(A) The parties are hereby agreed that they have no grievance so far as the Judgment and Decree dated 21.05.2010 passed by the Hon'ble High Court of Orissa, Cuttack in First Appeal No. 54 of 1982 and they further agreed that the same is binding upon them.
(B) It is hereby agreed by the parties that in lieu of settlement some properties will be allotted/given to the Petitioners.
(C ) The parties also agreed that except the properties which will be allotted/given in favour of the petitioners, the Respondent nos.
31(a) to 1(g) shall be the absolute owners in possession in respect of all other properties.
In order to find out the properties which will be allotted in favour of the petitioner, Hon'ble Justice Shri A.K. Patnaik directed the parties to hold a sitting with me to work out the settlement proposals as mentioned above, today i.e. on 26.03.2016 (Saturday) at 5 P.M. Accordingly, the parties and their learned Counsels are present before me for further mediation of the matter and to find out the properties which will be allotted to the petitioners. After verification of different documents in respect of the properties, it is hereby agreed that the properties which are furnish here under allotted/given in favour of the petitioners.
(i) District- Cuttack, P.S. – Cuttack, P.S. No. 209, Mouza-- Badajobra, C.S. Khata No. 15, Plot No. 352 Area Ac.0.506 Decs. Out of which Ac.0.328 Decs. to the South along with an old double storied building.
(ii) District – Cuttack, P.S. – Cuttack, P.S. No. 209, Mouza—Badajobra, C.S. Khata No. 203, Plot No. 430 Area Ac.0.224 Decs. Out of which Ac.0.112 Decs. From the Western side, Plot No. 439 Ac.0.220 Decs. Out of which Ac.0.165 Decs. and out of the same Ac.0.082-5 Decs. from the western side.
(iii) District – Cuttack, P.S. – Cuttack, P.S. No. 209, Mouza—Badajobra, C.S. Khata No. 71, Plot No. 346 Area Ac.0.206 Decs. And Plot No. 347 Ac.0.074 Decs. Total Ac.0.280 Decs. Out of which Ac.0.140 Decs. From the Southern side.
(iv) District – Cuttack, P.S. – Cuttack, P.S. No. 209, Mouza—Badajobra, C.S. Khata No. 77, Plot No. 1119 Area Ac.0.065 Decs. along with one storied building having two separate quarters out of which Ac. 0.032-5 Decs. of land along with the quarter situates on the Western side.
4(v) District – Cuttack, P.S. – Cuttack, P.S. No. 209, Mouza—Badajobra, C.S. Khata No. 64, Plot No. 394 Area Ac.0.386 Decs., Plot No. 429 Ac.0.213 Decs. And Plot No. 57 Ac.0.020 Decs. Total Ac.0.619 Decs. Out of which Ac.0.472 Decs. (excluding Ac.0.147 Decs. alienated previously) out of the same Ac.0.160 Decs. (One Hundred sixty decs.)
(vi) District – Cuttack, P.S. – Cuttack, P.S. No. 209, Mouza—Badajobra, P.W.D./C.S Khata No. 613 Plot No. 270 Area Ac.0.025 Decs. Along with Tile roofed house standing thereon bearing Holding No. 250 of Cuttack Municipality Old Ward No. 25.
(vii) District – Cuttack, P.S. – Cuttack, P.S. No. 209, Mouza—Badajobra, P.W.D. / C.S. Khata No. 613, Plot No. 271 Area Ac.0.077 Decs. Along with Tile roofed house standing thereon bearing Holding No. 249 of Cuttack Municipality Old Ward No. 25.
(viii) District – Cuttack, P.S. – Salipur, P.S. No. 325, Mouza—Gopinathpur, C.S. Khata No. 87, Plot No. 1020 Area Ac.0.109 Decs., Plot No. 1124 Ac.0.075 Decs. Plot No. 1486 Ac.0.080 Decs. and Plot No. 1507 Ac.0.038 Decs. Total Ac.0.302 Decs.
(ix) District – Cuttack, P.S. – Salipur, P.S. No. 325, Mouza—Gopinathpur, C.S. Khata No. 364, Plot No. 1413 Area Ac.0.121 Decs., Plot No. 1622 Ac.0.135 Decs. To the South Total Ac.0.256 Decs.
(x) District – Cuttack, P.S. – Salipur, P.S. No. 325, Mouza—Gopinathpur, C.S. Khata No. 380, Plot No. 1758 Area Ac.0.306 Decs., to the South.
(xi) District – Cuttack, P.S. – Salipur, P.S. No. 325, Mouza—Gopinathpur, C.S. Khata No. 164, Plot No. 1171 Area Ac.0.114 Decs., Plot No. 1481 Ac.0.165 Decs. And Plot No. 1583 Ac.0.090 Decs. Total Ac.0.369 Decs.
5(xii) District – Cuttack, P.S. – Salipur, P.S. No. 82, Mouza—Beruan, C.S. Khata No. 58, Plot No. 815 Ac.1.51-3 Decs., to the East.
(xiii) District – Cuttack, P.S. Cuttack Sardar, P.S. No. 29, Mouza- Ambiljhari, C.S. Khata No. 96, Plot No. 35 Ac.2.34-9 Decs. To the South and Plot No. 36 Ac.0.54 Decs. To the South Total Ac.2.88-9 Decs. Out of which Ac.1.44.
Further, the parties are hereby agreed that the petitioners, their legal heirs and successors shall be the absolute owners in possession of the properties mentioned above. They shall take appropriate steps for recording of the same before the competent authority.
Neither Respondent Nos. 1(a) to 1(g) nor their legal heirs and successors shall have any claim in respect of the properties allotted/given in favour of the petitioners on the basis of the settlement through this mediation.
Save and except, the properties allotted/given in favour of the petitioners through this mediation, the Respondent Nos. 1(a) to 1(g) shall be the absolute owners in possession of all other properties of Late Bansidhara Behera and his wife Late Nayana Sundari Bewa. They shall take appropriate steps for recording of the same before the competent authority.
Neither the Petitioners nor their legal heirs and successors shall have any claim whatsoever in respect of those properties in future.
The parties are hereby agreed for disposal of this case before the Hon'ble Supreme Court of India on the basis of this settlement arrived amongst them through mediation.
Hence, the parties and their learned 6 Counsels are requested to be present before Hon'ble Justice Shri A.K. Patnaik at Gopal Bhawan, Cantonment Road, Cuttack on 27th March 2016 (Sunday) at 5 P.M. for final sitting of the mediation.
Cuttack Shri K.M. Dhal.
Dt. 26.03.2016. Advocate cum Mediator” In view of the above, the appeal is disposed of.
However, in case of violation of any of the terms and conditions stipulated in the settlement, both the parties will be at liberty to work out their remedy in accordance with law.
................J. (V. GOPALA GOWDA) ..................J. (AMITAVA ROY) NEW DELHI, APRIL 05, 2016 7 ITEM NO.302 IN COURT NO.3 SECTION XIA 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) No(s). 20344/2011 (Arising out of impugned final judgment and order dated 21/05/2010 in FA No. 54/1982 passed by the High Court Of Orissa At Cuttack) SUBASH CHANDRA BEHRA (D)THR.LRS. Petitioner(s) VERSUS NAYANA SUNDARI BEWA (D) THR.LRS.& ORS. Respondent(s) (With interim relief and office report with mediation report) (For final disposal) Date : 05/04/2016 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Sibo Sankar Mishra,Adv.
Mr. U.K. Mishra, Adv.
Mr. Rajkumar Parmar, Adv.
Mr. Mukesh Kumar, Adv.
For Respondent(s) Mr. V. K. Sidharthan,Adv.
Mr. Siddhartha Chowdhury,Adv.
Mr. J.K. Das, Sr. Adv.
Mr. Sanjeeb Panigrahi,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(VINOD KUMAR JHA) (RENUKA SADANA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)