Smt Gangadei And Others vs Kalyan And Others

Citation : 2021 Latest Caselaw 1022 Raj/2
Judgement Date : 1 February, 2021

Rajasthan High Court
Smt Gangadei And Others vs Kalyan And Others on 1 February, 2021
Bench: Goverdhan Bardhar
      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 307/2016

1.     Smt.   Gangadei        D/o      Kalyan,       Village     Wajirpur,   Tehsil
       Wajirpur, Distt. Sawai Madhopur
2.     Smt. Shanti D/o Kalyan W/o Girraj, Hajaria Ki Kothi,
       Hindaun City, Tehsil Hindauncity, Distt. Karauli
3.     Smt. Uganti D/o Kalyan, W/o Ramesh Mali, R/o Hajaria Ki
       Kothi, Hindauncity, Distt. Karauli
4.     Prahlad S/o Kalyan, Wajirpur
5.     Khemchand S/o Kalyan, , Wajirpur
                                                       ----Appellants-Plaintiffs
                                    Versus
1.     Smt. Kamlesh W/o Bhanwarlal,R/o Magzine Karauli, Distt.
       Karauli
2.     Sub Registrar/tehsildar, Wajirpur
3.     State Of Rajasthan Through District Collector, Sawai
       Madhopur
                                                ----Respondents-Defendants

For Appellant(s) : Mr. D.K.Dixit, Adv. For Respondent(s) : Mr. Rajneesh Gupta, Adv.

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 01/02/2021 The matter comes up for orders on an application (IA No. 1/2020) filed by the appellants praying therein that the first appeal preferred by the appellants-plaintiffs may be allowed while setting aside the judgment and decree dated 07.04.2016 and the appeal may be decided in the light of compromise dated 02.11.2020 (Annexure-A/1). In view of compromise arrived in (Downloaded on 08/02/2021 at 09:53:11 PM) (2 of 2) [CFA-307/2016] between the parties, the impugned judgment and decree dated 07.04.2016 deserves to be modified and the suit for cancellation of registered sale deed deserves to be decreed.

Learned counsel for the appellants submits that appellant No.4 Prahlad is present in the Court and for other remaining appellants he is authorised to sign the compromise on their behalf. Respondent No.1-Smt. Kamlesh is also present in the Court.

The Registrar (Judicial) is directed to verify the contents of the compromise.

After verifying and attesting the averments made in the compromise by the Registrar (Judicial) of this Court, the matter was placed before this Court. In view of the compromise dated 02.11.2020 (Annexure-A/1) with the application, the impugned judgment and decree dated 07.04.2016 passed by the Court of Additional District and Sessions Judge, Gangapur City is quashed and set aside and the impugned judgment and decree dated 07.04.2016 passed by the concerned Court is modified in terms of the aforesaid compromise. The appeal stands closed accordingly.

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