Anandamoy Ghosal

Uday Shankar Paul

Uma Nath Dey
DISTRICT : NORTH 24 PARGANAS :

BEFORE THE COURT OF LEARNED SECOND CIVIL JUDGE ( JUNIOR

DIVISION ) AT BARRACKPORE

TITLE SUIT NO .: 206/2020

In the matter of: -

Sri Uma Nath Dey

son of Late Bhabani Nath Dey,
Residing at 42/A, Shibtala Road, Post Office:
Nona Chandanpukur, Police Station: Titagarh,
District: 24 Parganas(N), Kolkata-700122

……………Plaintiff

VERSUS

1. Sri Uday Sankar Paul,

Son of Sri Dhiren Paul,
Resident Mohanpur Purbapara, P.O. Sewli
Telinipara, P.S. Titagarh, District: 24
Parganas(N), Kolkata- 700121.

2. Sri Anandamoy Ghosal

Son of Late Rabindranath Ghosal
Resident of 1, Banerjee Para Road, Post
office: Nona-Chandanpukur, Police Station:
Titagarh, District: 24 Parganas(N), Kolkata-
700122

..……. Defendants

AN APPLICATION UNDER ORDER 23 RULE 3 READ WITH

SECTION 151 OF THE CODE OF CIVIL PROCEDURE FOR
PASSING A DECREE ON COMPROMISE IN THE ABOVE SUIT
FILED BY THE PLAINTIFF & DEFENDANTS

The Plaintiff & the Defendants above named begs to state as follows:
1
Page
 Anandamoy Ghosal
Uday Shankar Paul
Uma Nath Dey
1. That the Plaintiff has instituted the instant Suit against the Defendants
for Declaration in respect of the Suit/Schedule Property and Permanent
Injunction in respect of the Suit Property restraining the Defendants and
his men & agents from disturbing the peaceful possession of the Plaintiff
from the suit/schedule property with the following prayers :

a) Grant temporary injunction restraining the Defendant and his men and
agents from evicting the Plaintiff from the Schedule premises without
due process of law.

b) To issue ad-interim rule in the like manner.

c) To pass any such other order or orders which the Plaintiff is entitled
under law and equity.
2. The parties state that the Defendants has appeared in the suit and
contested the suit but in present scenario, with the Defendants duly
contacted with the Plaintiff for settlement of the instant suit and
thereafter upon intervention of the common friends and well wishers of
both the parties to the suit , they have decided to settle the disputes of
the instant suit on the following Terms and Conditions :
A. That the Defendants admits and accepts that the
Plaintiff is the absolute owner and occupier of the
piece and parcel of covered area measuring about 143,
Super Built up area measuring about 171 Sq. Ft
District: North 24 Parganas, Police Station: Titagarh,
A.D.S.R.O. Barrackpore, Mouja: Nona, J.L. No. 3, R.S.
No. 16, Touzi: 107, 108, 182, 340, 3083, R.S. Khatian
No. 914 & 565, R.S. Dag No. 132, L.R. Khatian No.
7424, L.R. Dag No. 384, under 1/2, Banerjee Para
east, under Barrackpore Municipality, Ward No. 4 and
4 feet from the boundary line on the south, east and
west side, which has been more fully & specifically
described in the Schedule " herein under written and
hereinafter referred to as the " SUIT PROPERTY " .
B. That the Defendants admits and accepts that the Deed
2

being No. 150500876 for the year 2020 executed by

Page

Uday Sankar Paul, the Defendant No. 1 in favour of

 Anandamoy Ghosal
Uday Shankar Paul
Uma Nath Dey
Anandamoy Ghoshal, Defendant No. 2 is fraudulent,
illegal, invalid and not binding upon the Plaintiff and
the Plaintiff is the lawful owner of the suit property by
virtue of Deed being No. 10050 for the year 2010,
registered at the office of A.D.S.R. Barrackpore.
C. That the Defendants undertakes that they will
repair/construct the demolished portion of the suit
property (with new foundation) measuring about
measuring about 143 Sq. Ft. , Super Built up area
measuring about 171 Sq. Ft according to the Deed
being No. 10050 for the year 2010 with their
(Defendant’s) own cost within four (4) months from the
filling this petition before your honour.
D. That the Defendant further undertakes not to make
any sort of construction by encroaching into any
portion of the Schedule / Suit Property.
E. That the Defendants undertakes that they will not
disturb the peaceful possession of the Plaintiff
regarding the suit/schedule property.
F. That in case of violation of any of the terms of the
instant compromise petition, either of the parties of
the instant suit can approach to the Learned Court for
an appropriate order .
G. That both the parties to the suit have / shall bear their
respective fees of Advocates and registration cost of the
deeds, if any.
H. That both the parties to the suit shall equally bear the
legal expenses to withdraw the instant suit.
3. The parties state that they have settled the disputes on their own
volition without being influenced, coerced or forced by anyone.
4. That the application is filed bona-fide and for ends of justice.

It is therefore prayed that your honour

would graciously be pleased to pass
3

necessary order or orders as your honour

Page

may deem fit and proper by decreeing suit

 Anandamoy Ghosal
Uday Shankar Paul
Uma Nath Dey
on compromise as per the terms and
condition mentioned above after making
the application as a part of the decree for
the ends of justice.

And for this act of kindness your petitioner as in duty bound shall ever pray.

DESCRIPTION OF THE SCHEDULE PROPERTY

REFERRED TO AS THE SAID PROPERTY

All the piece and parcel of covered area measuring about 143, Super Built up
area measuring about 171 Sq. Ft District: North 24 Parganas, Police Station:
Titagarh, A.D.S.R.O. Barrackpore, Mouja: Nona, J.L. No. 3, R.S. No. 16, Touzi:
107, 108, 182, 340, 3083, R.S. Khatian No. 914 & 565, R.S. Dag No. 132, L.R.
Khatian No. 7424, L.R. Dag No. 384, under 1/2, Banerjee Para east, under
Barrackpore Municipality, Ward No. 4 and 4 feet from the boundary line on the
south, east and west side.
Butted and Bounded by:
North: Common Varandah then 1 feet drain and Banerjee Para municipal road,
South: Property of Anandamoy Ghosal, i.e. the Defendant No. 2,
East: Property of Anandamoy Ghosal, i.e. the Defendant No. 2,
West : Common wall, then another’s shop ,

AFFIDAVIT

I, Sri Uma Nath Dey, S/O Late Bhabani Nath Dey, aged about 70
years, by religion : Hindu, by profession : Retired, residing at 42/A, Shibtala
Road, Post Office: Nona Chandanpukur, Police Station: Titagarh, District: 24
Parganas(N), Kolkata-700122, do hereby solemnly affirm and declare as
follows: -
4
Page
 Anandamoy Ghosal
Uday Shankar Paul
Uma Nath Dey
1) That I am the Plaintiff of the instant suit and I am well conversant with the
facts and circumstances of the instant suit .

2 ) That the statements made above in Paragraphs are all true to the best of
my knowledge , information & belief and the rest are my humble submissions
before the Learned Court .

That the statements made above are true to my knowledge.

DECLARANT

Identified by me

Advocate

AFFIDAVIT

I, Sri Uday Sankar Paul, Son of Sri Dhiren Paul, aged about years, by
faith: Hindu, by profession: Business, residing at Mohanpur Purbapara, P.O.
Sewli Telinipara, P.S. Titagarh, District: 24 Parganas(N), Kolkata- 700121, do
hereby solemnly affirm and declare as follows:-
1) That I am the Defendant No. 1 of the instant suit and I am well
conversant with the facts and circumstances of the instant suit . This is
true to my knowledge .
2) 2 ) That the statements made above in Paragraphs are all true to the
best of my knowledge , information & belief and the rest are my humble
submissions before the Learned Court .

That the statements made above are true to my knowledge.

5
Page

DECLARANT
 Anandamoy Ghosal
Uday Shankar Paul
Uma Nath Dey
Identified by me

Advocate

Affidavit

I, Sri Anandamoy Ghosal, Son of Late Rabindranath Ghosal, aged about

years, by faith: Hindu, by profession : Retired , residing at 1, Banerjee Para
Road, Post office: Nona-Chandanpukur, Police Station: Titagarh, District: 24
Parganas(N), Kolkata-700122, do hereby solemnly affirm and declare as
follows:-

1) That I am the Defendant No. 1 of the instant suit and I am well

conversant with the facts and circumstances of the instant suit . This is
true to my knowledge .
2) 2 ) That the statements made above in Paragraphs are all true to the
best of my knowledge , information & belief and the rest are my humble
submissions before the Learned Court .

That the statements made above are true to my knowledge.

DECLARANT
Identified by me

Advocate
6
Page