Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5839 of 2018 Petitioner :- Rajeev Babban Singh Respondent :- Ram Nath and 7 others Counsel for Petitioner :- Shivendra Nath Singh,Akhilesh Kumar Singh Counsel for Respondent :- Kamal Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Kamar Kumar Singh, learned counsel for the respondents.
The plaintiff-petitioner is before this Court assailing the order dated 28.7.2018 passed by the Additional District Judge, Court No.4, Mau in Misc. Civil Appeal No.65 of 2017 (Rajeev Babban Singh vs. Ram Nath and others) and for direction to the respondents to permit him to lift and sale out the bricks lying in the brick kiln in question.
Record in question reflects that an agreement was executed between the parties on 9.10.2013 for running the brick kiln in question for a period of four years and the said period had come to an end on 1.10.2017. In the agreement, it was specifically mentioned that in lieu of the land given by the respondents, the petitioner will give 30,000 bricks. Some dispute arose between the parties. Ultimately, the petitioner filed the Original Suit No.246 of 2017 alongwith an interim injunction application and the trial court vide its order dated 23.11.2017 restrained both the parties from doing any work on the land in dispute. The petitioner had also filed Misc. Appeal No.65 of 2017 assailing the aforesaid order. Finally, the lower appellate Court vide impugned order dated 28.7.2018 has dismissed the appeal in question and also set aside the order of the trial court dated 23.11.2017.
At the very outset, learned counsel for both the parties on the basis of instructions so received from their clients apprise the Court that at present, more than 8 lakhs bricks are lying in the brick kiln in question and the matter can be settled outside the Court, as the petitioner is ready to give the balance 60,000 bricks to the defendants-respondents as per terms and conditions of the agreement in question.
Learned counsel for the defendant-respondents agrees that in case the plaintiff-petitioner gives 60,000 bricks to the defendants-respondents as per term and conditions of the agreement, within two months from today, then in such situation the defendants-respondents shall settle the dispute outside the Court and immediately thereafter an appropriate application would also be moved before the trial court for withdrawing the aforesaid suit.
Once both the parties are willing to settle their dispute outside the Court then in such situation the Court is of the considered opinion that no useful purpose would be solved in keeping the matter pending any further.
Consequently, the writ petition is disposed of finally, asking the petitioner to give the balance 60,000 bricks to the defendants- respondents within two months from today as per terms and conditions of the agreement and thereafter, move an appropriate application before the trial court for withdrawing the aforesaid suit. For a period of two months from today, further proceeding of the aforesaid Original Suit No.246 of 2017 is deferred.
In case the petitioner does not give the balance 60,000 bricks to the defendants-respondents within the time stipulated by this Court, then the trial court would be at liberty to proceed in the matter as per its own merit.
Order Date :- 23.8.2018 RKP