TURA LAW COLLEGE Vs. MARBINA R. MARAK

JUDGEMENT

(1.) This matter concerns a Title Suit being T.S No. 3 of 2016, which was instituted in the Court of the Assistant Deputy Commissioner, West Garo Hills Tura, by the Tura Law College through its Secretary as plaintiffs, against the Hawakhana Higher Secondary School represented by the President and Secretary of the Managing Committee of the School, defendants. The matter came before this Court by way of the instant petition under Article 227 of the Constitution of India, assailing an order dtd. 24/11/2017, whereby an application under Order 39 Rule 2A CPC had been rejected.

(2.) The instant matter then on receipt of records and appearance of all parties concerned was then taken up for hearing, but in the course of these proceedings, the parties on their own accord prayed that they may be allowed to explore the possibility of an out of Court settlement, as the matter was between two educational institutions which were rendering service to the public. Accordingly, this Court granted adequate time to the parties to try and achieve the same.

(3.) The parties have now come to a joint agreement pursuant to a meeting held on 17/5/2022, a copy of which has been submitted before this Court. However, the only aspect that remains is with regard to the demarcation for an approach path/road to the plot of the Tura Law College. The parties, in this regard, have submitted and undertaken before this Court that this will be done mutually and which will not give rise to any future dispute. Accordingly, on the submissions of the parties and on the terms as contained in the joint agreement, this Court accepts the same and the entire matter shall stand closed and resolved. A scanned copy of the agreement is reproduced hereinbelow, which will form part of this order, disposing of this petition. It is needless to add that, the parties herein forward, shall abide by the terms of the agreement and further shall without further delay agree on the demarcation of the said approach path/road, as indicated in Para – 5 of the agreement.