Page No.# 1/4 GAHC010059092025 2025:GAU-AS:5975 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1224/2025 ABHIJIT SARMAH S/O LATE RAMEN SARMAH , RESIDENT OF BORJHAR GAON PS TEZPUR MOUJA HOLESWAR, DIST SONITPUR, ASSAM 784501 2: SMTI MEERA SARMAH W/O LATE RAMEN SARMAH RESIDENT OF BORJHAR GAON PS TEZPUR MOUJA HOLESWAR DIST SONITPUR ASSAM 784501 3: SWEETY SARMAH D/O LATE RAMEN SARMAH RESIDENT OF BORJHAR GAON PS TEZPUR MOUJA HOLESWAR DIST SONITPUR ASSAM 784501 4: JEEMONI SARMAH W/O PRANJAL BORTHAKUR D/O LATE RAMEN SARMAH RESIDENT OF VILAGE MEKANOR CHUBURI BIHAGURI TEZPUR ASSAM 78415 VERSUS SHYAMAL SARMAH S/O LATE LATE DULAL SARMAH RESIDENT OF BORJHAR GAON PS TEZPUR MOUJA HOLESWAR, DIST SONITPUR, ASSAM 784501 Page No.# 2/4 Advocate for the Petitioner : MR. S SAHU, Advocate for the Respondent : , Linked Case : RSA/146/2017 ON THE DEATH OF SRI RAMEN SARMAH HIS LEGAL HEIRS AND ORS NAMELY- 1.1: SMTI MEERA SARMA W/O LATE RAMEN SARMAH RO BORJHAR GAON P.S. TEZPUR MOUZA-HOLESWAR DIST. SONITPUR ASSAM PIN 784501 1.2: SRI ABHIJIT SARMA S/O LATE RAMEN SARMAH RO BORJHAR GAON P.S. TEZPUR MOUZA-HOLESWAR DIST. SONITPUR ASSAM PIN 784501 1.3: SMTI SWEETY SARMA D/O LATE RAMEN SARMAH RO BORJHAR GAON P.S. TEZPUR MOUZA-HOLESWAR DIST. SONITPUR ASSAM PIN 784501 VERSUS SRI SHYAMAL SARMAH S/O LATE DULAL SARMAH R/O BORJHAR SAIKIA CHUBURI P.S. TEZPUR Page No.# 3/4 MOUZA-HOLESWAR DIST. SONITPUR ASSAM PIN 784501 ------------ Advocate for : MS.B CHOUDHURY Advocate for : MR. S SARMA appearing for SRI SHYAMAL SARMAH BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 14-05-2025 Learned counsel Ms B. Choudhury is present for the applicants 1(I) Sri Abhijit Sarmah, 1(II) Smti. Meera Sarmah, 1(III) Smti. Sweety Sarmah and 1(IV) Smti. Jeemoni Sarmah, who are the legal heirs of original appellant deceased Ramen Sarmah in RSA 146/2017. 2. Learned Senior Counsel Mr. S. Sarma is present for the respondent Sri Shyamal Sarmah, who was the plaintiff who brought up Title Suit No. 104/2006 before the Court of learned Munsiff, Tezpur as well as the appellant who brought up Title Appeal No. 4/2008 before the Court of learned Civil Judge, Sonitpur at Tezpur, against the deceased/appellant Ramen Sarmah in RSA/146/2017. 3. Now an interlocutory application has been filed by both the parties jointly under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC for short). The applicants are the appellants of RSA No. 146/2017 who have preferred RSA/146/2017 against the judgment and decree in the above mentioned Title Suit No. 104/2006 as well as Title Appeal No. 4/2008. Page No.# 4/4 4. The applicants of this case are 1(I) Sri Abhijit Sarmah, 1(II) Smti. Meera Sarmah, 1(III) Smti. Sweety Sarmah and 1(IV) Smti. Jeemoni Sarmah, being son, wife and daughters of deceased Ramen Sarmah, along with Sri Shyamal Sarmah. The applicants have filed a joint affidavit. 5. Both the parties have amicably settled their dispute and the terms and conditions of the settlement are elaborately described in the Deed of Compromise marked as Annexure - 1 of this interlocutory application. This Annexure - 1 is marked as ‘X’. 6. I have considered the submissions at the bar with circumspection. I have scrutinized the affidavit as well as the Deed of Compromise marked as Annexure - 1 of the application. The terms and conditions mentioned in the Deed of Compromise clearly reveal that both the parties have amicably settled the dispute among themselves. 7. In the wake of the foregoing discussions, this interlocutory application is allowed and RSA/146/2017 is decreed on compromise and Annexure - 1 marked as X will form a part of the decree. 8. In terms of the above observations, RSA No. 146/2017 as well as I.A. No. 1224/2025 are hereby disposed of. 9. Send back the records of Title Suit No. 104/2006 and Title Appeal No. 4/2008. JUDGE Comparing Assistant