Manju Devi Agarwal v. Sagarika Pandey And ANR
08.10.2024 Serial no. 2 Piya Ct. No. 30 CO 307 of 2024 (Assigned) with CAN 1 of 2024 Smt. Manju Devi Agarwal vs.
Smt. Sagarika Pandey & Anr.
Mr. Gunjan Shah Ms. Shreya Agarwal ........... for the Petitioner Mr. Sudipto Panda ............ for the Opposite Party 1.
The present revision has been preferred praying for quashing of the order dated 20.04.2021, passed by the Court of learned Civil Judge (Junior Division), 1st Court at Sealdah, District-24 Parganas (South) in Ejectment Suit No. 30 of 2019.
2.
CAN 1 of 2024 filed, is a joint application on affidavit stating that the parties have arrived at an amicable settlement in the present case and the parties do not have any grievance if the suit is decreed on compromise as per their joint petition of compromise.
3.
The joint application filed by the parties clearly shows that an amicable settlement and compromise has been arrived at between the parties and the petitioner/defendant does not wish to proceed with
the present case against the opposite party/plaintiff and the opposite party/plaintiff does not want to proceed with the Ejectment Suit No. 30 of 2019, pending before the Court of learned Civil Judge (Junior Division), 1st Court at Sealdah, District-24 Parganas (South), against the petitioner/defendant. 4.
From the materials on record, it is clear that dispute in the present case is a private (tenancy) dispute and the parties have now resolved their entire dispute by way of a compromise/settlement on affidavit.
5.
As such this court is of the view that it would be unfair and contrary to the interest of justice to continue with the civil proceedings/suit in view of the settlement arrived at between the parties in respect of their dispute and to secure the ends of justice.
6.
Terms and conditions in the petition of compromise are found to be legal and in accordance with law and thus accepted.
7.
The revisional application being CO 307 of 2024 is disposed of on compromise.
8.
Consequently, the suit being Ejectment Suit No. 30 of 2019, pending before the Court of learned Civil Judge (Junior Division), 1st Court at Sealdah, District-24 Parganas (South) be decreed on compromise.
9.
Joint petition of compromise to form part of the decree.
10. All connected Applications, if any, stands disposed of.
11. Interim order, if any, stands vacated.
12. Copy of this order be sent to the learned Trial Court for necessary compliance.
13. Urgent certified website copy of this order, if applied for, be supplied expeditiously after complying with all, necessary legal formalities.
(Shampa Dutt (Paul), J.)