DAKSHESH UMIYASHANKER DAVE Vs. MANESHKUMAR UMIYASHANKER DAVE

JUDGEMENT

(1.) By an order dtd. 19/9/2024, this Court disposed of the C.S. No. 65 of 2023 on the basis of the Terms of Settlement entered between the parties dtd. 17/9/2024. At the time of disposal of the suit, this Court directed to draw up the decree by making the Terms of Settlement as part of the decree. In compliance of the order passed by this Court dtd. 19/9/2024 when the department was processing for drawing up of final decree, the Learned Advocate for the plaintiff and defendants have submitted their request along with the copy of the judgment passed by the Hon'ble Supreme Court in the case of Mukesh Vs. The State of Madhya Pradesh and Another dtd. 20/12/2024 in Civil Appeal No. 14808 of 2024 and informed that the compromise decree does not fall under the instruments mentioned in the Schedule and that it only asserts the pre-existing rights and hence, the consent decree will not operate as conveyance as no right is transferred and the same does not require any payment of stamp duty.

(2.) On receipt of the said letter along with the judgment passed by the Hon'ble Supreme Court above, the matter is placed before this Court for clarification.

(3.) The plaintiff had filed the suit for decree for partition of the suit properties as mentioned in Schedule - A, B, C, D, E, F and G. As per the case of the plaintiff in the plaint, the plaintiff and the defendants are brothers and sons of Late Umiyashanker Chhaganlal Dave. The father of the parties during his life time owned various movable and immovable properties. The properties mentioned in Schedule - A, B, C, D, E and F are the immovable properties and Schedule "G" are movable properties.