The High Court at Calcutta recently passed a decree in a property dispute case, Santana Hazra vs. Samarjit Bouri Kshetrapal & Ors., based on a solenama (compromise agreement) filed by the parties. The case, numbered SAT 140 of 2020, was a second appeal challenging a prior judgment from August 25, 2020, which had affirmed an earlier decision in Title Suit No. 45 of 2005.
Background of the Case
The dispute revolved around a property mentioned in the plaint schedule. The plaintiff, Smt. Santana Hazra, had initially filed a Title Suit seeking a declaration of her rights and a permanent injunction to prevent the defendants from interfering with her possession of the property. The suit was first adjudicated by the Learned Civil Judge (Junior Division), 3rd Court, Burdhaman, whose judgment dated August 11, 2015, was later affirmed by the Learned Additional District Judge, Fast Track-II Court, Purba Bardhman, in Title Appeal No. 02 of 2015.
Compromise and Solenama
During the proceedings in the High Court, both parties informed the court that they had settled their disputes and submitted a solenama. The solenama outlined the terms of the compromise, which the court found to be legally sound.
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"On careful perusal of the terms and conditions of solenama, I do not find any illegality in it and for that reason, I do not stand in the way of compromise."
- Hon'ble Justice Bibhas Ranjan De
Court's Decree
The High Court decreed the solenama, declaring the plaintiff's right, title, and interest over the disputed property. Additionally, the defendants were permanently restrained from disturbing the plaintiff's peaceful possession of the property. The solenama was made a part of the decree, ensuring its enforceability.
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Disposal of the Appeal
With the settlement recorded, the second appeal and all connected applications were disposed of. The court directed that urgent certified copies of the order be provided to the parties if requested. It also emphasized that all parties should act on the server copy of the order, downloadable from the court's official website.
Case Title: Smt. Santana Hazra vs. Samarjit Bouri Kshetrapal & Ors.
Case Number: SAT 140 of 2020 (High Court at Calcutta, Appellate Side)