Page No.# 1/8 GAHC010054032025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/995/2025 RENUKA DAS W/O SRI KULA BHUSAN DAS, R/O GIRLS SCHOOL ROAD, BONGAIGAON TOWN, PIN 783380, P.O. , P.S. AND DIST. BONGAIGAON, ASSAM. 2.1: ANUPAM DAS S/O SRI HARAN CH. DAS 2.2: RUPA DAS DUORA D/O SRI HARAN CH. DAS 2.3: INDIRA GURUNG @ DAS W/O LT. PRABIN DAS 2.4: SMT. MEGHANA DAS ALL ARE LEGAL HEIRS OF LT. PADMINI DAS SL NO 2(A) TO (D) ARE RESIDING AT KANAKLATAA ROAD WARD NO 1 BONGAIGAON TOWN PIN 783380 P.O. P.S. AND DIST. BONGAIGAON ASSSAM. 3.1: SMTI. MALABIKA MAHANTA W/O LT. KULO MAHANTA 3.2: MANAS PRATIM MAHANTA S/O LT. KULA MAHANTA BOTH ARE R/O BAGESWARI PARA BONGAIGAON TOWN NEAR SANKARDEV SISHU NIKETAN PIN 783380 P.O. Page No.# 2/8 P.S. AND DIST. BONGAIGAON ASSAM. 4: SMTI MINATI NABIS @ MAHANTA W/O SRI CHAKRADHAR NABIS R/O RPG AGARWALA PATH 1ST BYE LANE SIX MILE H/N GUWAHAATI 22 DIST. KAMRUP (M) ASSAM. 5: SMTI. BHANU ARJYA @ MAHANTA W/O SRI MATILAL ARJYA R/O JYOTI NAGAR OPP. SANKARDEV NAMGHAR BAMUNI MAIDAN HOUSE NO 80 GUWAHATI 21 DIST. KAMRUP (M) ASSAM. 6: SMTI SAILAJA TALUKDAR @ MAHANTA W/O SRI PRADIP TALUKDAR R/O NALACHAL APARTMENT OPP. G.N.R.C. HOSPITAL GUWAHATI 22 DIST. KAMRUP(M) ASSAM VERSUS ARUNA PATOWARI W/O SRI BIREN PATOWARY, R/O PANJABARI NEAR PUBLIC SCHOOL, H/N GUWAHATI 37, DIST. KAMRUP (M), ASSAM. Advocate for the Petitioner : MRS. M D CHOUDHURY, MR. N BORAH Advocate for the Respondent : MR. S DUTTA, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 28.05 . 2025 Heard Ms. M.D. Choudhury, learned counsel for the applicants/ respondents. I have also heard Mr. S. Dutta, learned counsel, appearing on Page No.# 3/8 behalf of the respondent/revision petitioner. [2] The Civil Revision Petition CRP (I.O.) No. 311/2017 has been filed challenging the order dated 07.08.2017, passed by the learned Civil Judge, Bongaigaon in Petition No. 1647/2017 arising out of Title Execution Case No. 04/2014 (Smti Renuka Das Vs. Sri Manash Pratim Mahanta & Ors.). [3] During the pendency of the revision petition, both parties have amicably settled the matter and executed a Compromised Deed of agreement dated 19.02.2024, duly signed by all the parties and annexed to the interlocutory application-IA(C) 995/2025 filed in this Court. [4] By filing this interlocutory application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, the applicants have prayed for passing compromised decree. [5] The parties have jointly prayed for disposal of the revision petition in terms of the said compromise deed dated 19.02.2024, and have requested that a decree be drawn accordingly by the Trial Court. The terms and conditions of deed of compromise is reproduced herein below for convenience: - “1. That all the parties to this Agreement have settled their dispute amicably that they will dispose part of the land measuring 3 Kathas 5 Lechas alongwith standing houses thereon as mentioned at Schedule B pertaining to Dag NO. 859/993(old)/760(new) Patta NO. 318(old)/209(new) of Bigha 0 Katha 7 Lechas left by Late Damodar Mahanta BARMAM Metro comprising of two Dags measuring 2 Katahs 2 Page No.# 4/8 Lechas in Dag No. abat -13501648(old)/341(new) and 3 Katha 5 Lecahs in Dag No. VT OF 859/993(old)/760(new), covered by Periodic Patta No. 318(old)/209(new) situated at Revenue Village Bongaigaon Town Part V under Bongaigaon Revenue Circle, Boingaigaon, Assam and divide the consideration amount (sale price) derived therefrom in 7 (seven) equal shares (1/7th of the sale proceeds. The remaining decretal land measuring 2 Kathas 2 Lechas in Dag No. 648(old)/341(new) alongwith standing house thereon will remain among the aforesaid parties and the land will equally be divided among the parties mentioned above as mentioned at Schedule - C. 2. That all the parties to the Agreement agreed to make a compromise decree modifying the Final Decree dated 09.07.2012 in Title Suit No. 74/2005 as far as acceptance of Commissioner's Report in regarding to demarcation and partition of the land. 3. That the First Party will withdraw the C.R.P.(I/O) No. 311//2017 pending before the Hon'ble Gauhati High Court on compromises as per the terms and conditions of this Deed of Agreement. 4. That the Second Party will not proceed further on the Executed proceeding I.e. T.Ex. No. 04/2014 pending before the learned Civil Jduge, Bongaigaon and act in accordance with the terms, and \conditions of this Deed of Compromised Agreement. 5. That the parties hereto made this Deed of Agreement without any pressure from any one of their free will, considering the fact that all of them are from the same family and legal heirs of Late Damodar Mahanta. 6. That this Deed of Compromise Agreement is made without any Page No.# 5/8 pressure from any corner and this Written Agreement is prepared on the basis of the earlier oral family settlement amongst all the seven parties. 7. That the parties hereto agreed not to take any legal action including executed proceeding for execution of decree dated 09.07.2012 passed in Title Suit Case No. 74/2005 against any of the parties mentioned herein before any Courts in respect of partition of land of 1/7 share each of the land and houses mentioned at Schedule C and after receipt of Sale Price of 02/2004/7th share of land with houses mentioned at Schedule- B. IN WITNESS WHEREOF, the parties hereto have put their respective seal and signature in this Deed of Agreement on this day, month and year aforementioned in presence of witnesses and is taken of their acceptance of the terms and conditions given in the Agreement. SCHEDUEL-A (TOTAL LAND) A plot of land measuring 1 Bigha 0 Katha 7 Lechas comprising two Dags measuring 2 Kathas 2 Lechas in Dag No. 648(old)/341(new) and 3 Kathas 5 Lechas in Dag No. 859/933(old)/760(new), covered by periodic Patta No. 318(old)/209(new) situated at Bongaigaon Town, part V, under Bongaigaon Revenue Circle, Bongaigaon, Assam with standing houses thereon. By North : 101 feet approximately By South : 47'-7" and 59'-7' feet approximately. By East : 105'-11' feet approximately. By West : 55'9" and 76'5" feet approximately. Page No.# 6/8 The said land is butted as follows: By North : PWD Road : By South : Harijan Colony By East : Municipality Road By West : Municipality Road. SCHEDUEL-B (LAND TO BE SOLD) A plot of land measuring 3 Kathas 5 Lechas out of total land of 1 Bigha 0 Katha 7 Lechas comprising two Dags measuring 2 Kathas 2 Lechas In Dag No. 648(old)/341(new) and 3 Kathas 5 Lechas in Dag No. 859/933(old)/760(new), covered by periodic Patta No. 318(old)/209(new) situated at Bongaigaon Town, part V, under Bongaigaon Revenue Circle, Bongaigaon, Assam with standing houses thereon and bounded by: By North : PWD ROAD By East : MUNICIPALITY ROAD By South : HARIJAN COLONY By West : MUNICIPALITY ROAD SCHEDUEL-C (REMAINING LAND) A plot of land measuring 2 Kathas 2 Lechas out of total land of 1 Bigha Ratha 7 Lechas comprising two Dags measuring 2 Kathas 2 Lechas 859/933(old)/760(new), covered by periodic Patta No. 318(old)/209(new) situated at Bongaigaon Town, part - V, under Bongaigaon Revenue Circle, Bongaigaon, Assam with standing houses thereon. By North : PRIVATE RESIDENCE Page No.# 7/8 By East : PRIVATE RESIDENCE By South : PRIVATE RESIDENCE By West : PRIVATE RESIDENCE” [6] Ms. M.D. Choudhury, learned counsel for the applicants/respondents submits that the revision petition as well as the interlocutory application may be disposed of in terms of the above compromised deed. [7] Mr. S. Dutta, learned counsel, appearing on behalf of the respondent/revision petitioner while acknowledging the signing of the compromise deed by the respondents/ petitioners made a similar prayer. [8] This Court has perused the terms and conditions of the compromise deed. The compromise appears to be lawful, voluntary, and binding on all parties. There are no legal impediments in accepting the same. [9] Accordingly, the following order is passed: (i) The compromise Deed dated 19.02.2024 filed along with the interlocutory Application is hereby recorded. (ii) The civil revision Petition CRP (I.O)/311/2017 is disposed of in terms of the compromise arrived at between the parties. (iii) The matter is remanded to the Civil Judge, Bongaigaon with a direction to draw a decree in accordance with the terms and conditions contained in the compromise deed, after ensuring due compliance of procedural requirement under Order XXIII Rule 3 of the CPC, preferably Page No.# 8/8 within 30 days from the date of appearance of the parties with the copy of this order. [10] This I.A. stands disposed of. JUDGE Comparing Assistant