ORDER

08.11.2023 Heard Mr. S Sharma, learned counsel for the petitioners. Also heard Mr. D Mahanta, learned counsel for the respondents.

2. This civil revision petition has been instituted being aggrieved by the ex- parte order dated 24.06.2019 of the learned Civil Judge, Nagaon in T.S. No.181/2021 (New)/T.S.No.52/18(Old), whereby the petitioners/defendants had been precluded from filing their written statement.

3. During the pendency of this revision petition, the matter was referred for mediation by the order dated 16.12.2022. Both the petitioners and the defendants participated in the mediation process resulting in the medication order dated 11.10.2023 which is available as Flag-R of the records.

4. The terms of the mediation as per the order dated 11.10.2023 is extracted as below:

“To, The Secretary Gauhati High Court Mediation Centre Sub: Report of the Mediator Ref: Mediation Case No. 50/2022 in CRP (I/O) 145/2022 Arun Ch.

Nath –v/s- Smti. Khiroda Kakoti Das Dear Sir/Madam With reference to the above mentioned case this is to inform you that the parties have settled the disputes and entered into an agreement on 07.10.2023 and they decided to withdraw their following cases:

i. TS 52/2018 pending in the Court of Civil Judge, Nagaon.

CRP (I/O) 145/2022 pending before the Hon’ble High Court arises out of TS 52/2018.

ii. NI 48/2018 (Jayanta Kumar Das –v/s- LabanyaKakati) iii. NI 53/2018 (Jayanta Kr. Das –v/s- Arun Chandra Nath)

iv. NI 58/2018 (KhirodKakati –v/s- LabanyaKakati)

v. NI 54/2018 (Jayanta Kr. Das –v/s- Arun Chandra Nath)

All above are pending in the Court of Additional Chief Judicial Magistrate, Nagaon)

In view of the above the Mediation Case No. 50/2022 may be closed as settled.

N.B: Copy of the settlement agreement is enclosed herewith.”

5. The mediation order also refers to an agreement dated 07.10.2023, which is also available on record. On perusal of the same, it is noticed that the agreement is dated 07.08.2023 and not 07.10.2023. The settlement agreement between the parties is also extracted as below:

“SETTLEMENT AGREEMENT THIS DEED OF SETTLEMENT AGREEMENT is made on this 7 day of August 2023 at Guwahati BETWEEN I)Shri Arun Chandra Nath age 64 years s/o Late Bapdhan Nath 2) Smti Labanya Kakati age 61 years w/o Shri Arun Chandra Nath both are resident of Town Telia Gaon, Mouza Niz Sahar, P.S. Sadar, District- Nagaon Presently residing at C/O Sambhu Ram Das Dharapur Notun Basti P.O Dharapur P.S Azara 781017 Kamrup(M)

hereinafter called the First Parties.

-AND-

I)Smt. Khiroda Kakati Das w/o Shri Jayanta Kumar Das (2) Shri Jayanta Kumar Das S/O Shri Lohit Chandra Das Both are resident of Village Amtala, Mouza Jarabari, P.S. Kamrup District Nagaon, Assam P.O.- Pub Guimari Pin-782425 do hereby referred to as the Second Parties.

WHEREAS, That, First party No.2 is the own sister of SECOND PARTY No.1 and First party 1 is the husband of First Party No.2 and SECOND PARTY No.2 is the Husband of SECOND party.1, and hence all are family members.

That, the 1st parties are the absolute owner of a plot of land measuring 1 katha with RCC building standing covered by Dag No. 578/…. Patta No. 33/….. of Telia Gaon Kissam Under Mouza Nizsahar in the district of Nagaon Assam.

The 2nd Parties has filed following cases in the district of Nagaon Assam which are as Under:

1. NI 48/2018 (JAYANTA KR DAS VS LABANYA KAKATI

2. NI 53/2018 (JAYANTA KR DAS VS ARUN CHANDRA NATH

3. NI 58/2018 (KHIRODA KAKTI VS LABANYA KAKATI

4. NI 54/2018 (JAYANTA KR DAS VS ARUN CHANDRA NATH) (All above are Pending in the court of Additional Chief Judicial Magistrate, Nagaon)

5. TS 52/2018 (KHIRODA KAKATI DAS & 1 OTHER VS ARUN CHANDRA NATH & 1 OTHER)

6. (The above noted case is pending in the court of Civil Judge, Nagaon)

7. CRP(IO) 145/2022 (ARUN CHANDRA NATH & 1 OTHER VS KHIRODA KAKATI DAS & 1 OTHER)

(The above noted case is pending before the Gauhati High Court)

WHEREAS both the parties are own family members and the case has been filed due to some misunderstanding both the parties has dec