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CDJ 2026 Jhar HC 087 print Preview print Next print
Court : High Court of Jharkhand
Case No : F.A. No. 222 of 2023
Judges: THE HONOURABLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
Parties : Nasim Akhtar Versus Tasnim Arif & Another
Appearing Advocates : For the Appellant: Pratik Sen, Advocate. For the Respondents: Shadab Bin Haque, Aaryamann Relan, Advocates.
Date of Judgment : 10-03-2026
Head Note :-
Comparative Citation:
2024 JHHC 3010,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- None

2. Catch Words:
- Compromise, Partition, Decree

3. Summary:
- The appeal challenges the decree dated 24‑06‑2023 in Original Suit No. 77 of 2018.
- The appellant filed Interlocutory Application No. 14945 of 2025, attaching a batwaranama (family arrangement) as a compromise deed.
- The compromise details the allocation of three adjoining land parcels among the appellant and two respondent brothers, specifying boundaries and future rights.
- The respondents acknowledge the same family arrangement and confirm they are full brothers of the appellant.
- Both parties agree that the dispute has been settled outside court and request that the compromise be incorporated into the decree.
- The court, after hearing counsel, orders that the appeal be disposed of in terms of the compromise, which shall form part of the decree, and directs preparation of the decree accordingly.

4. Conclusion:
Appeal Allowed
Judgment :-

1. This first appeal has been filed against the judgement dated 24.06.2023 decree signed on 04.07.2023 passed in Original Suit No.77 of 2018 by learned Civil Judge, Senior Division – IV, Hazaribagh.

I.A. No.14945 of 2025

2. The learned counsel for the appellant has submitted that I.A. No.14945 of 2025 is filed bringing on record the compromise entered into between the parties which is in the form of batwaranama (family arrangement) annexed as Annexure – 1 to the interlocutory application

3. The learned counsel for the appellants has also submitted that the terms of compromise have also been translated and has been mentioned in paragraphs 9, 10, 11, and 12 of the interlocutory application, which are quoted as under:

                  “9. That the appellant states and submits that Schedule (Ka), which has been shown in Green Colour and whose length is 25 feet, has been allotted to the first party- the appellant herein, whose description is as follows:-

                  Holding No.-1126, 1.09 D of land out of Area of16 Dhur 2 Dhurki, whose boundary is as follows:-

                  North- Shamim Akhtar South- Tasnim Aareef East- Mubarak Husain

                  West- Gali Badhu Mohd. Islam

                  10. That the appellant states and submits that property mentioned in Schedule (Kha), which has been shown in Red Colour and whose length is 25 feet, has been allotted to the second party- the respondent No.2 herein, whose description is as follows:-

                  Holding No.-1126, 1.09 Decimals out of Area of 16 Dhur 2 Dhurki, whose boundary is as follows:-

                  North PCC Gali South- Nasim Akhtar East Mubarak Husain

                  West- Gali Badhu Mohd. Islam

                  11. That the appellant states and submits that property mentioned in Schedule (Ga), which has been shown in Black Colour and whose length is 25 feet, has been allotted to the third party – the respondent no.1 herein, whose description is as follows: -

                  Holding No.-1126, 1.09 Decimals of land out of Area of 16 Dhur 2 Dhurki, whose boundary is as follows:-

                  North – Nasim Akhtar South – Pucca Road East – Mubarak Husain

                  West – Gali Badhu Mohd. Islam

                  12. That the appellant states and submits that as per the said compromise/partition, all the three parties will remain peaceful occupants of their respective properties as per this partition and will get the mutation done in their respective names from the Zonal office and will get the Government receipt issued. There will be no objection from each other party in this, if they do, then they will be legally bound by this partition deed. That in future no party will make any claim or interference on the other’s land. Based on this partition deed, the first party, second party, and third party can build houses or construct boundary walls on their respective land, or use it for their own use, as they see fit. The other party will have no objection to this.”

4. The learned counsel for the respondents has submitted that the two respondents are full brothers of the appellant and the case arises out of partition suit and they have also filed a counter affidavit annexing the same batwaranama (family arrangement).

5. The learned counsel has jointly submitted that the appeal be disposed of in terms of compromise entered into between the parties and the batwaranama (family arrangement) may form part of the decree.

6. After hearing the learned counsel for the parties, it appears that the parties have settled their dispute outside the Court. The case arises out of partition suit in which there are only three parties and all of them are full brothers.

7. In such circumstances, this appeal is disposed of in terms of the compromise annexed as Annexure – 1 to the interlocutory application. The annexure -1 to the I.A. No.14945 of 2025 to form part of the decree.

8. I.A. No.14945 of 2025 is disposed of.

9. Office to prepare decree accordingly.

 
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