Page No.# 1/5 GAHC030001112025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./1/2025 RDS Project Ltd. r/b its Chairman and Anr. C/o 429, Somdutt Chamber-II 9, Bikajicma Place, New Delhi-110066 2: RDS Project Ltd. r/b its Regional Manage VERSUS Sh. Althaia S/o H Ramtova R/o Bungtlang South Mizoram Advocate for the Petitioner : Ms. Lalngaihsaki Fanai Advocate for the Respondent : Mr B Lalramenga ORDER BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI 10.09.2025 Heard Mr. A Dwivedi, learned counsel for the review petitioner and Ms. Laltlanhlui, learned counsel appearing on behalf of Mr. B Lalramenga, learned counsel for the sole respondent. 2. The present review petition has been filed seeking review of the judgment and Page No.# 2/5 decree dated 09.09.2024 passed by this Court in RFA No. 3/2023. 3. During pendency of the instant review petition, the parties have amicably resolved their disputes. A joint compromise petition duly signed by both the parties and their counsels has been brought on record by a joint affidavit filed on 06.09.2025, whereby the petitioner without admitting any liability and without prejudice basis in order to bring quietus to the present disputes has undertaken to pay a sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) to the sole respondent towards full and final settlement of all disputes between the parties in the manner as envisaged under Clause 2 of the settlement agreement. 4. The sole respondent has also agreed to accept the aforesaid lumpsum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) as final settlement of all disputes between the parties. 5. I have perused the compromise agreement. Relevant paragraphs of the aforesaid compromise agreement reads as hereunder – “1 Pursuant to discussions and negotiations amongst the Parties, it is agreed that without admitting any liability qua the Plaintiff in respect of encroachment of Plaintiffs Land, RDS Project agrees to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lac only) ("Settlement Amount") to the Plaintiff towards full and final settlement of all claims/rights/ interest of the Plaintiff in respect of all disputes/ litigation and/or satisfaction of decree/order/judgment. 2 The Parties accept and agree that the Settlement Amount shall be paid by RDS Project in two (2) instalments from the date of passing of Consent Order/ Decree by the Hon'ble High Court accepting this Settlement Agreement, details of this are as under: Sr. No. Due Date Amount(in Rs.) Mode of Payment 1 At the time of passing of Consent Order/Decree by the Hon’ble High Court. Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand) RTGS/Cheque/Dem and Draft Page No.# 3/5 2 After payment of the first installment of Rs. 7.5 lakh but before the expire of 30 days from the date of passing of Consent Order/Decree by the Hon’ble High Court Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand) RTGS/Cheque/Dem and Draft Total Rs. 15,00,000/- (Rupees Fifteen Lakh only) 3. The Plaintiff agrees, acknowledges and accepts that the RDS Project is not presently occupying the Plaintiff's Land. Further, the Plaintiff confirms and acknowledges that upon payment of all the installments by RDS Project, as agreed above, all claims/rights/ interest sought by the Plaintiff in respect of the Plaintiff's Land shall stand fully settled and resolved to his complete satisfaction and this Agreement shall constitute a full and final settlement. 4. The Parties agree and accept that in terms of this Settlement Agreement, the Parties shall jointly seek before the Hon'ble High Court to dispose of the Review Application filed by RDS Project and also to modify/ amend the High Court Order/ Judgement/ Decree dated 09.09.2024 passed by the Hon'ble High Court in the Regular First Appeal of the Plaintiff. 5. The Plaintiff undertakes that the Plaintiff shall not initiate any further legal action/ proceedings/claim against RDS Project arising out of the same dispute/ cause of action. 6 The Plaintiff agrees and undertakes that the Plaintiff shall provide all necessary co- operation and assistance to RDS Project wherever required for ensuring passing of Consent Order/ Decree in the Review Application by the Hon'ble High Court recording terms of this Settlement Agreement. 7 2 The Plaintiff agrees and undertakes that the terms of this Settlement Agreement shall be kept confidential and shall not be disclosed to any third party(ies). Further, in case any loss/ damage or harm is cause to RDS Project owing to any breach of confidentiality clause, the Plaintiff undertakes to indemnify and hold harmless RDS Projects to the extent of the loss/ damage suffered. Page No.# 4/5 8. The Plaintiff confirms that no proceedings, except the Civil Suit and Regular First Appeal filed before the Hon'ble High Court are either filed or pending, either on his own or jointly with others in respect of issues settlement under this Settlement Agreement. Any and all legal notices/communications/complaints or other proceedings before any Tribunal, Authority, Commission, Forum, Court, whether civil and/or criminal, initiated by the Plaintiff with regard to the Plaintiff's Land shall be unconditionally and irrevocably withdrawn by the Plaintiff in view of this Settlement Agreement. Further, after the payment of the entire Settlement Amount by RDS Project to the Plaintiff, the Plaintiff shall not pursue and/or initiate any legal action in future, and if any complaint is found to be pending in any Tribunal, Authority, Commission, Forum, Court, whether civil and/or criminal, the Plaintiff undertakes to withdraw the same immediately. 9. Subject to receipt of entire Settlement Amount under this Agreement, the Plaintiff shall sign, execute and file all necessary documents, as may be, required for withdrawal of all the litigations, complaints and representations, if any, filed by the Plaintiff against RDS Project, its officials and any of its other related entities and person with respect to the dispute forming part of this Settlement Agreement. 10. This Agreement constitutes the revised agreement between the Parties in respect of the said Apartment and revokes and supersedes all previous discussions/correspondences and agreements between the Parties, if any, concerning the matter(s) covered herein whether written, oral or implied. Unless otherwise provided, this Agreement shall not be changed or modified except in writing and on signature by the Parties hereof. 11 The Parties hereto have arrived at the aforesaid terms of settlement voluntarily, of their own free will and volition, without any pressure, coercion, or duress of any nature from any quarter whatsoever The parties shall remain bound by the aforesaid terms and conditions and undertake to abide by the same. 12. No modification of, or amendment to, this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the Parties. 13. This Settlement Agreement shall be governed by the laws of India, and the courts of Delhi alone shall have exclusive jurisdiction over any dispute arising out of this Agreement, including interpretation of the terms of this Agreement.” 6. The aforesaid compromise agreement appears to be lawful and voluntary. Accordingly, the same is recorded under Order 23 Rule 3 CPC. Page No.# 5/5 7. In view of the compromise so arrived at, nothing further survives for adjudication in this review petition. 8. The judgment and decree dated 09.09.2024 passed by this Court in RFA No. 3/2023 stands modified to the extent that instead of compensation of Rs. 50,000/- per month henceforth and also to pay the arrears amounting to Rs. 54,50,000/- (Rupees Fifty Four Lakhs and Fifty Thousand only) with an interest @ 6% P.A. accruing from the date of the illegal and forceful occupation of the plaintiff/appellant’s land, the respondent shall be entitled to a lumpsum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) towards full and final satisfaction of the petitioner. 9. The petitioner shall accordingly deposit Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand) today, i.e., the date of passing of this order and the remaining Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand) within 30 days from today, failing which the compromise decree shall be executed in accordance with law. 10. Decree be drawn accordingly in terms of the compromise agreement. 11. With the above observation and direction, this review petition stands disposed of. 12. No order as to cost. JUDGE Comparing Assistant