HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 541/2018
1. Atar Singh S/o Preetam Singh,
2. Smt. Babli W/o Atar Singh Gurjar,
Both R/o Tara Mahendra Colony, Bharatpur.
----Appellants/Defendants
Versus
1. Manish Agrawal S/o Ram Niwas,
2. Yogesh Goyal S/o Gopal Prasad,
Both R/o Outside B-Narayan Gate, Bharatpur.
----Respondents/Plaintiffs
Connected With S.B. Civil Second Appeal No. 539/2018 Smt. Babli W/o Atar Singh, R/o Tara Mahendra Colony, B- Narayan Gate, Bharatpur.
----Appellant/Plaintiff Versus
1. Dinesh S/o Mahesh,
2. Amar Singh S/o Nathi Singh Jat, R/o Neem Darwaja, Bharatpur.
3. Yogesh S/o Gopal, R/o Outside B-Narayan Gate, Sogaria Mohalla, Bhawani Building Works, Bharatpur.
----Respondents/Defendants
For Appellant(s) : Mr. J P Goyal, Sr. Advocate assisted
by Ms. Jyoti Swami
For Respondent(s) : Mr. Rahul Sharma
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
04/11/2022
1. S.B. Civil Second Appeal No.541/2018 has been filed by appellants-defendants assailing the judgment and decree dated 14.09.2018 passed in Civil First Appeal No.29/2016 (108/13) by (Downloaded on 10/11/2022 at 09:05:58 PM) (2 of 3) [CSA-541/2018] the Court of Additional District Judge No.4, Bharatpur, affirming the judgment and decree dated 14.08.2013 passed in Civil Suit No.70/2013 by the Curt of Additional Civil Judge (Senior Division) No.3, Bharatpur whereby and whereunder civil suit for permanent injunction filed by respondents-plaintiffs in respect of two plots in question, situated in land of khasra No.972 at Bharatpur, was decreed.
S.B. Civil Second Appeal No.539/2018 has been filed by appellant-plaintiff, feeling aggrieved by the judgment and decree dated 14.09.2018 passed in Civil Appeal No.97/2016 (48/13) by the Court of Additional District Judge No.4, Bharatpur, affirming the judgment and decree dated 12.04.2013 passed in Civil Suit No.03/2006 by the Court of Additional Civil Judge (Junior Division) No.1, Bharatpur whereby and whereunder plaintiff's civil suit for permanent injunction in respect of two plots, situated in khasra No.972,has been dismissed.
2. The dispute between parties in both second appeals is in respect of two plots situated at Chak No.1, Tehsil & District Bharatpur.
3. During course of second appeals, both parties have entered into compromise and have settled their dispute, in respect of both plots, in terms of compromise deed dated 04.08.2022. The compromise has been placed on record as Annexure A/1, along with application under Order 23 Rule 3 CPC.
4. This Court, vide order dated 02.11.2022, allowed parties to appear before the Registrar (Judicial) for the purpose of attestation/verification of the compromise. In compliance thereof, Registrar (Judicial) has attested the compromise. (Downloaded on 10/11/2022 at 09:05:58 PM)
(3 of 3) [CSA-541/2018]
5. Learned counsel for both parties jointly submit that both second appeals be disposed of in terms of compromise deed dated 04.08.2022 and the same may be taken on record and impugned judgment and decree dated 14.08.2013 passed in Civil Suit No.70/2013 by the Court of Additional Civil Judge (Senior Division) No.3, affirmed in the judgment and decree dated 14.09.2018 passed in Civil First Appeal No.29/2016 (108/13) by the Court of Additional District Judge No.4, Bharatpur may be modified accordingly.
6. For reasons mentioned hereinabove, the compromise deed dated 04.08.2022(Annexure A/1) is taken on record. The judgment and decree dated 14.08.2013 passed in Civil Suit No.70/2013 by the Court of Additional Civil Judge (Senior Division) No.3, affirmed in the judgment and decree dated 14.09.2018 passed in Civil First Appeal No.29/2016 (108/13) by the Court of Additional District Judge No.4, Bharatpur, is modified in terms of compromise.
7. Both parties would abide by the terms of compromise.
8. Accordingly, both second appeals stand disposed of.
9. All pending application(s), if any, also stand(s) disposed of.
(SUDESH BANSAL),J SACHIN/56-57 (Downloaded on 10/11/2022 at 09:05:58 PM) Powered by TCPDF (www.tcpdf.org)