Serial No. 05 Supplementary List

HIGH COURT OF MEGHALAYA AT SHILLONG

MC (FA) No. 15 of 2023 in FA No. 4 of 2019

Date of Decision: 23.06.2023

Raj Kumar Sethia		Tejkaran Sethia & Ors.
	Coram:	Hon'ble Mr. Justice H. S. Thangkhiew, Judge
	Appearance:<br>For the Petitioner(s)<br>:<br>For the Respondent(s)<br>:	Ms. K. Gurung, Adv.<br>vice Mr. A. Sattar, Adv.<br>Mr. V.K. Jindal Sr. Adv. with<br>Ms. B. Jyrwa, Adv.
i)	Whether approved for reporting in	Yes/No
	Law journals etc:
ii)	Whether approved for publication	Yes/No
	in press:
		JUDGMENT AND ORDER (ORAL)
1.		This is a joint application under Order 23 Rule 3 of the

Code of Civil Procedure for recording the settlement arrived at between

the parties and for passing a decree/order on such compromise.

Heard learned counsels for the parties on the joint $2.$ application and have perused the Deed of Settlement/Compromise Agreement dated 20.06.2023 arrived at by the contesting parties. On hearing the submissions that the parties have arrived at a final settlement as recorded in the Deed of Settlement, First Appeal No. 4 of 2019 pending before this Court and Title Suit No. 117/2013 pending in the Court of the Assistant District Judge, Shillong are finally disposed of in terms the Deed of Settlement which is reproduced hereinbelow.

EXHIBIT - X

DEED OF SETTLEMENT / COMPROMISE AGREEMENT

THIS DEED OF SETTLEMENT/ COMPROMISE AGREEMENT is made on this 20th day of June, 2023 at Shillong, Meghalava

BETWEEN

SHRI RAJKUMAR SETHIA, aged about 58 years, son of (Late) Dungarmal Sethia, resident of Oxford Hill Compound, C/o Sweety Marbaniang Building, Kench's Trace, Shillong, East Khasi Hills District, Meghalaya, hereinafter called the FIRST PARTY, which expression shall mean and include his legal heirs, successors, representatives, administrators, and assigns etc. for all intents and purposes, on the First Part.

AND

(1) SHRI TEJKARAN SETHIA, aged about 72 years, (2) SHRI LALCHAND SETHIA, aged about 68 years, and (3) SHRI PURANMAL SETHIA, aged about 55 years, all are sons of (L) Dungarmal Sethia, residents of Paltan Bazar, Shillong, East Khasi Hills District, Meghalaya, hereinafter called the SECOND PARTIES, which expression shall mean and include their legal heirs, successors, representatives, administrators, assigns, nominees etc. for all intents and purposes, on the Other Part.

WHEREAS the FIRST PARTY has filed the First Appeal No. 04 of 2019 against the judgment and order dated 31/05/2019 of the L'd Court of Additional District Judge, Shillong, in Probate Misc. Case No. 1(H)/2010 (Old), 12 (H)/2013 (New) together with an application under Order 41 Rule 27 of the Code of Civil Procedure. The Second Parties (Shri. Tejkaran Sethia and Shri. Lalchand Sethia) have also filed a Title Suit No. 2 (H)/2011 (Old), Title Suit No. 117/2013 (New) in the Court of Assistant District Judge Shillong, for declaration, cancellation of Gift Deed, Will etc. and in that Suit, the First Party is impleaded as Defendant No.5 and Shri. Puranmal Sethia (Member of the Second Page 1of 4

Certified to be true copy $BS.$ Advocate

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party) is impleaded as Defendant No. 9 and the said Title Suit is also pending in the Court of Assistant District Judge, Shillong.

AND WHEREAS during pendency of the cases and appeal, with the interventions of one family member and some other well wishers and after holding mutual discussions and negotiations between the parties hereto, the subject matter of the aforesaid First Appeal No. 4 of 2019 with MC (FA) No. 1 of 2023 and Title Suit No. 117/2013 pertaining the properties of WILL dated 03/12/2009 executed by Late Dungarmal Sethia during his life time, is settled between the parties hereto and in order to avoid any kind of disputes, misunderstanding, differences or complicacies between the parties hereto, they came to the Certain understanding which is reduced in writing herein below :-

NOW THIS DEED WITNESSETH AS FOLLOWS:

That the subject matter of the aforesaid First Appeal No. 4 of 2019 with MC (FA) 1. No. 1 of 2023 and Title Suit No. 117/2013 pertaining to the properties of the WILL dated 03/12/2009 executed by Late Dungarmal Sethia during his life time is settled between the parties hereto with the note that the First Party, his legal heirs, successors shall not claim any right, title and interest in the aforesaid properties covered under WILL dated 03/12/2009 executed by Late Dungarmal Sethia, i.e. the property of Cantonment area bearing Holding No. 40, Sy. No. 15/48, comprising of land measuring about 2223 sq. ft. (more or less) including three storied R.C.C. building covered by valid lease issued by the Authority of Shillong Cantonment Board and the Second Party henceforth shall have every $A$ right, title and interest over the said property without any interference and hindrance from the First party or his legal heirs, successors, or any other person (s) claiming through or under him.

That the Second Parties (Shri. Tejkaran Sethia and Shri. Lalchand Sethia) have Mointly paid in equal share, a total sum of Rs. 10,00,000/- (Rupees Ten lakhs) only to the First Party, as full and final settled amounts, which the First Party do hereby acknowledge.

Certified to be true copy $\mathcal{O}$ Advocate

Page 2of 4

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That, the parties hereto shall file one joint compromise application before the 3. Hon'ble High Court of Meghalaya to record the aforesaid settlement in the First Appeal No. 4 of 2019 and MC (FA) No. 1 of 2023 to enable the High Court of Meghalaya to pass necessary decree / order in terms of the instant Compromise Agreement.
That the Second Party (Shri. Tejkaran Sethia and Shri. Lalchand Sethia) shall also $\mathbf{4}$ file an application under Order 23 Rule 1 of the Code of Civil Procedure in the Court of the Assistant District Judge, Shillong for withdrawal of the Title Suit No. 117 (H) of 2013 pending before the said Court.
That this compromise agreement settles all the dispute and differences arising 5. out of the registered WILL dated 03.12.2009 executed by (L) Dungarmal Sethia, once and for all and neither party shall have the right to reopen the same and shall be binding on all the parties to this Agreement.

In witness whereof, the Parties hereto have set and subscribed their respective hands unto these presents on the day, month and year first above written, at Shillong.

WITNESSES: 1. Olychana Sweeng

(ARCHANA SURANA, ABVOCATE SHILLONGI)

Jonather Labal Nongrum (Advacate, Shillong)

山殿 1

FIRST PARTY Rog. Xuman Settis

(Raj Kumar Sethia)

SECOND PARTY

vy Karan Settia (SHRI TEJKARAN SETHIA)

(SHRI LALCHAND SETHIA)

Pareary mid Stan

(SHRI PURANMAL SETHIA)

Page 3of 4

Certified to be true copy $OS.$ Advocate

$3.$ In terms of this Judgment and Order, decree to be drawn up accordingly.

$4.$ Lower Court Case records to be returned forthwith.
The matter stands finally disposed of. $5.$

$\boldsymbol{JU D G E}$

$\underline{Meghalaya}$ 23.06.2023 "V. Lyndem-PS"

Rajkumar Sethia vs. Tejkaran Sethia

AI Summary

Order Issued After Hearing

Order Text

Serial No. 05 Supplementary List

HIGH COURT OF MEGHALAYA AT SHILLONG

EXHIBIT - X

DEED OF SETTLEMENT / COMPROMISE AGREEMENT

BETWEEN

AND

NOW THIS DEED WITNESSETH AS FOLLOWS:

WITNESSES:<br>1. Olychana Sweeng

$\boldsymbol{JU D G E}$

Original Order Copy

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