Judgment · High Court
Case at a glance
Outcome
Disposed of
In view of the above, this application is disposed of in terms of the terms and
Provisions considered
- Code of Civil Procedure, 1908 O. 23 r. 3
Judgment
Heard Mr. T. Islam, learned counsel for the petitioners. Also heard Ms. T. Khro, learned counsel appearing for respondent Nos. 1 and 2 and Ms. Sultana Begum, le arned counsel appearing for respondent Nos. 3 to 6. This is an application under Order 23 Rule 3 of the CPC praying for disposal of the revision application on the basis of the terms and conditions as stated in p aragraph 9 of this Misc. case and to pass a decree on compromise in accordance with the terms and conditions of the compromise. The learned counsel for the parties submit that the parties have resolved the di sputes amicably and the terms and conditions of the agreement are embodied in pa ragraph 9 of this application. The terms and conditions in paragraph 9 are as fo llows: (cid:28)9.That the opposite parties have amicably settled the dispute between them out of the Court, the petitioners also agreed to settle dispute, on the following te rms and conditions: (a) The opposite party No.3 shall pay an amount of Rs.1,15,000/-(Rupees One Lakh and Fifteen Thousand) only to the opposite party No.2 and his mother, the o pposite party No.1 will receive the aforesaid amount on behalf of the opposite p arty No.2 in the manner herein after provided in this application.
(b) The opposite party No.3 has paid an amount of Rs.50,000/- (Rupees Fifty Thousand) only on 24/11/2009 to the mother of the opposite party No.2, i.e the o pposite party No.1 and she acknowledge the receipt of same. (c) The opposite Party No.3 shall pay the remaining amount of Rs.65,000/-(Si xty Five Thousand) only after receiving the other benefits such as Group Insuran ce, Gratuity and other money payable to the deceased Late Rikhav Kalita from the Office of the petitioner No.2. (d) The opposite Party No.2 shall not claim any further amount from the afor esaid Service benefits of his deceased father Late Rikhav Kalita. The opposite P arty No.3, the first wife of the deceased, Late Rikhav Kalita, Smti. Labanya Kal ita, the opposite party No.3, shall enjoy the pensionary benefit during her life time. (e) Except the amount as mentioned in sub-paragraph (a) of this application, the opposite party No.2 shall not demand any further amount of service benefits such as Group Insurance, Gratuity and Leave Encashment and other pensionary ben efits which the deceased Late Rikhav Kalita is entitled from the opposite party No.3.
(f) The opposite party No.2 shall allow the opposite party No.3, Smti. Libany a Kalita, to take all measures for collecting the Service benefits from the Offi ce of the Superintendent Railway Mail Service, (RMS) (cid:28)GH (cid:29) Guwahati Division, Meg hdoot Bhawan, Guwahati-781001(the petitioner No.2). The opposite party No.2, fur ther agrees to provide all necessary (cid:28)No objection Certificates (cid:29) to the opposite party No.3, Smti. Labanya Kalita, for receiving the benefits as mentioned herei n above. (g) Under the aforesaid terms and conditions, the dispute with regard to the receiving of Service benefits of deceased Late Rikhav Kalita, between the oppos ite party No.2 and the opposite parties No 3 to 6 are amicable settled outside t he Court and an agreement was entered by the opposite parties on 24/11/2009. The necessary application to be made before the competent authority for sanctioning and disbursing the Service benefits of Late Rikhav Kalita by the opposite party No.3.
Operative part
(h) The petitioners agreed to disburse the Group Insurance, Gratuity, Leave Encashment, other pensionary benefits and pension which the deceased Late Rikhav Kalita is entitled from the Office of the petitioner No.2 to the opposite party No.3. (i) osed of in terms of the agreement. (cid:29) The revision petition application filed by the petitioners shall be disp The learned counsel for the parties submit that the compromise that has been arr ived at is lawful and beneficial for both the parties. In view of the above, this application is disposed of in terms of the terms and conditions at paragraph 9 (a) to (i). Registry will prepare a decree in terms of the aforesaid terms and conditions of compromise and also making the compromise application a part of the decree. Misc. case stands disposed of.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, this application is disposed of in terms of the terms and
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 23 r. 3.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.