GAUHATI HIGH COURT ISSUES ORDER FOR ABDUL JALIL LASKAR V/S AMIN ALI AND 8 ORS

GUWAHATI, India, Oct. 15 -- Gauhati High Court issued the following order on Sept. 15:

1. Heard Mr. M. J. Quadir, learned counsel for the petitioner. Also heard Mr. S. K. Ghosh, learned counsel for the respondent No. 1.

2. This review petition under Section 114 of the Code of Civil Procedure, 1908 has been filed by the petitioner, namely, Abdul Jalil Laskar praying for review of the order dated 26.06.2020 passed by a Co-ordinate Bench of this Court (Hon'ble Mr. Justice Prasanta Kumar Deka, since retired) in I.A.(C) No. 974/2020. It appears that notice issued to respondent Nos. 2, 3, 4, 5, 6, 8 and 9 have been duly served and no one has appeared for them, therefore, this review petition proceeded ex-parte against them. As regards, the respondent No. 7 is concerned, since the said respondent did not even contest the suit before the Trial Court, therefore, his presence in the instant review petition was dispensed with.

3. The facts relevant for consideration of the instant review petition, in brief, are that the present petitioner had instituted the suit bearing Title Suit No. 59/2007 in the Court of the learned Munsiff No. 1, Hailakandi for declaration of right, title and interest and for possession as well as for cancellation of deed. The opposite parties as defendants appeared and contested the said suit by filing written statement. However, by judgment dated 07.09.2015, the Trial Court dismissed the suit filed by the present petitioner.

4. Being aggrieved by the judgment dated 07.09.2015, the present petitioner preferred a title appeal being Title Appeal No. 01/2016 before the Court of the learned Civil Judge, Senior Division, Hailakandi. The said appeal was allowed by judgment dated 15.12.2016, and the decree was drawn accordingly. Being aggrieved, by the judgment dated 15.12.2016, the opposite party, namely, Amin Ali had preferred a regular second appeal, which was registered as RSA No. 150/2017 and it was admitted for hearing on 23.05.2017.

5. During the pendency of the aforesaid regular second appeal, the respondent No. 1 had filed an interlocutory application, which was registered as I.A.(C) No. 974/2020, stating therein that the petitioner as well as the respondent have come to an amicable settlement to settle the dispute between them with the condition that the petitioner shall relinquish his right, title and interest over the Schedule I, II and III lands for the consideration amount of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand) only, which the applicant has already paid to the petitioner.

6. It was also pleaded in the said interlocutory application that the parties have agreed to for an out of Court settlement and accordingly prayed for drawing up of a compromise decree. Accordingly, by order dated 26.06.2020, passed in I.A.(C) No. 974/2020, a Co-ordinate Bench of this Court had allowed the interlocutory application and directed for drawing up a compromise agreement and also directed to dispose of the regular second appeal on the basis of the order passed in the said interlocutory application. Being aggrieved by the order dated 26.06.2020, the present interlocutory application has been filed.

7. The learned counsel for the petitioner has submitted that there was no amicable settlement or any compromise agreement entered into between the petitioner and the respondent No. 1 during the pendency of the RSA No. 150/2017 as stated by the respondent in I.A.(C) No. 974/2020. It has been submitted by the learned counsel for the petitioner that during the pendency of the regular second appeal, the nephew of the applicant, namely, Nurul Amin Laskar had told the petitioner not to worry about the regular second appeal preferred by the respondent and assured him to engage lawyers to defend the regular second appeal before the High Court. Accordingly, he took signatures of the review petitioner on A4 size papers, as well as in the Vakalatnama.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d9%2F28n6aF44X%2Fzm1Z0wN1xREc0AE94xT9nQvf0IMrEnk&caseno=Review.Pet./90/2020&cCode=1&cino=GAHC010136412020&state_code=6&appFlag=)

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