Research › Search › Judgment

Gauhati High Court · body

2018 DIGILAW 1353 (GAU)

Salem Lalthanpari v. Lalhmahruaizela

2018-09-14

MICHAEL ZOTHANKHUMA

body2018
JUDGMENT : Michael Zothankhuma, J. The appellant has appeared in person along with her counsel Mr. Joseph L. Renthlei. The respondent has also appeared in person along with the learned Amicus Curiae Mr. K. Laldinliana. 2. The parties submit that the present appeal can be disposed of in terms of the settlement made before the Lok Adalat on 13.09.2018 and necessary modification of the impugned Judgment & Order dated 30.10.2015, passed by the Court of the Senior Civil Judge, Lunglei in HC Case No. 84/2011 may be made. 3. I have heard the learned counsels for the parties. 4. The Order dated 13.09.2018 issued by the Lok Adalat, which incorporates the terms of settlement made between the parties states as follows:- "Heard Mrs. Salem Lalthanpari, appellant and H.C Lalhmahruaizela respondent, who have appeared in person today. 2. The order that has been challenged in the appeal is the Judgment & Order dated 30.10.2015, passed by the Court of the Senior Civil Judge, Lunglei in H.C Case No. 84/2011, wherein the operative portion of the judgment & order states as follows:- "The relevant POINT being decided in favour of the Petitioner HC Lalhmahruaizela and the Judgment and Order Dt.10/04/2013 being set aside vide order dt. 14/11/2014 in RFA No. 2/2014. Fresh Heirship Certificate be issued in favour of the Petitioner HC Lalhmahruaizela in respect of LSC No. 209401/01/664 of 2000 located at Hnahthial Bazar Veng, LSC No. 209401/01/14 of 2009 located at Hnahthial Kanan veng, LSC No. 209401/01/145 of 1998 located at Hnahthial Electric Veng, WRC No. 5/1976 located at Rihte Project, Hnahthial and a Drug Store under valid Liscence vides LIC No. 59/1972. Parties shall bear their own costs. With the above order, this HC 84/2011 is disposed of." 3. Mr. H.C Lalhmahruaizela submits that as the land covered by LSC No. 209401/01/664/2000, located at Hnahthial Bazar Veng had been given by his father, Mr. H.C Ngunkhala (L) to his sister, Smt. Salem Lalthanpari, he does not have any objection and willingly surrenders the land covered by the said LSC located at Hnahthial Bazar Veng in favour of his sister. Mr. H.C Lalhmahruaizela also submits that the Drugs License, registered under LIC No. 59/1972, which was in the name of his deceased mother, Mrs. V. Lalsawmi can be mutated in the name of Mrs. Salem Lalthanpari. Mr. H.C Lalhmahruaizela also submits that the Drugs License, registered under LIC No. 59/1972, which was in the name of his deceased mother, Mrs. V. Lalsawmi can be mutated in the name of Mrs. Salem Lalthanpari. He also submits that he does not have any objection and willingly surrenders the ownership and rights of the Drug License bearing LIC No. 59/1972 in favour of his sister Mrs. Salem Lalthanpari. 4. Mrs. Salem Lalthanpari submits that she graciously accepts the properties, i.e., LSC No. 209401/01/664/2000 and the Drug License bearing LIC No. 59/1972, which has been surrendered to her by her brother. She also submits that she does not wish to make any claim in respect of any other property mentioned in the judgment & order dated 30.10.2015, passed in HC Case No. 84/2011. 5. The parties also submit that they will extend all co-operation to each other for the mutation of the land documents and any other documents in favour of the parties as per the settlement made herein. 6. In view of the consent of the parties, the settlement which has been arrived at between the parties is as follows:- The land covered by LSC No. 209401/01/664/2000 located at Hnahthial Bazar veng and Drug License bearing LIC No. 59/1972 shall be mutated in the name of Mrs. Salem Lalthanpari with all its rights, title and interest over the said properties in question. All the other properties mentioned in the judgment & Order dated 30.10.2015, passed in H.C Case No. 84/2011 shall be mutated in the name of Mr. H.C Lalhmahruaizela with all its rights, title and interest. 7. The parties have also appended their signatures below in acceptance of the settlement made today i.e., 13.09.2018. Sd/- (SALEM LALTHANPARI) Appellant Sd/- (H.C LALHMAHRUAIZELA) Respondent Sd/- (T. LALNUNSIAMA) ADVOCATE Sd/- (MICHAEL ZOTHANKHUMA) JUDGE" 5. In view of the settlement made between the parties, the operative portion of the impugned Judgment & Order dated 30.10.2015, passed by the Senior Civil Judge, Lunglei in HC Case No. 84/2011 is accordingly modified. 6. The land covered by LSC No. 209401/01/664 of 2000 located at Hnahthial Bazar Veng and Drug License bearing No. LIC No. 59/1972 shall be inherited by the appellant Mrs. Salem Lalthanpari. 6. The land covered by LSC No. 209401/01/664 of 2000 located at Hnahthial Bazar Veng and Drug License bearing No. LIC No. 59/1972 shall be inherited by the appellant Mrs. Salem Lalthanpari. The LSC No. 209401/01/14 of 2009 located at Hnahthial Kanan Veng, LSC No. 209401/01/145 of 1998 located at Hnahthial Electric Veng and WRC No. 5/1976 located at Rihte Project, Hnahthial shall be inherited by the respondent H.C Lalhmahruaizela. The parties herein shall take steps for mutation of the said properties in their name from the competent authority. The mutation in the entries of the documents mentioned above will be done on the basis of the settlement recorded in this order. 7. The impugned Judgment & Order dated 30.10.2015, passed in HC Case No. 84/2011 by the Senior Civil Judge, Lunglei is accordingly modified to the extent indicated above. 8. The appeal is accordingly disposed of. 9. Send back the LCR. 10. In appreciation of the assistance given by the learned Amicus Curiae, his fee is fixed at Rs. 7,500/- to be given by the Mizoram State Legal Services Authority.