HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No.107/1995
Mohan Lal son of Shri Mool Chand @ Mula, resident of Ward
No.15 Sikar (Rajasthan) (since deceased) through legal heirs:
1/1 Nathmal Kumawat son of Late Shri Mohan Lal, resident of
Ward No.15 Old, Sikar (Rajasthan).
1/2 Ramswaroop son of Late Shri Mohanlal resident of Ward
No.15 PLD, Sikar (Rajasthan)
----Defendant-Appellant
Versus
1. Boduram son of Shri Mool Chand @ Mula, resident of Minakshi
Road, Ward No.7 Sikar (since deceased) through legal heirs:
1/1 Kishanlal son of Late Shri Boduram
1/2 Girdharilal son of Late Shri Boduram
Both 1/1 & 1/2 are residents of behind Nehru Park, Ward No.14,
District-Sikar (Rajasthan).
----Plaintiff-Respondent
2. Mangi Lal (deceased) s/o Mool Chand @ Mula, resident of Sikar represented by his LRs.
2/1 Nanagram S/o Late Shri Mangilal (since deceased) through its legal heirs:-
2/1/1 Pushpa Devi wife of Late Shri Nanagram 2/1/2 Sanjay Kumar son of Late Shri Nanagram 2/1/3 Mukesh son of Late Shri Nanagram 2/1/4 Anil son of Late Shri Nanagram 2/1/5 Jitendra son of Late Shri Nanagram 2/1/6 Sunita Devi D/o Late Shri Nanagram All (2/1/1) to (2/1/5) are at present residing at Minakshi Road Sikar, whereas respondent No.2/1/6 is residing at Shastri Nagar, Jaipur.
2/2 Narainram son of Late Shri Mangilal 2/3 Shankar Lal son of Late Shri Mangilal 2/4 Deendayal son of Late Shri Mangilal 2/5 Mst. Kaushalya D/o Late Shri Mangilal 2/6 Mst. Gyarsi D/o Late Shri Mangilal 2/7 Smt. Ramchandri widow of Late Shri Mangilal (since deceased).
All resident of Minakshi Road, Ward No.15, Sikar (Raj.)
3. Nagar Parishad, Sikar through its Chairman, District Sikar.
...Defendants/Proforma respondents.
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(2 of 3) [CFA-107/1995]
For Appellant(s) : Mr. Amit Singh Shekhawat
For Respondent(s) : Mr. Gaurav Gupta for LRs of N.P. No.2
Ms. Heemanshi Meena for LRs of N.P.
No.1
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
17/11/2022
1. Appellant-defendant has filed this first appeal assailing the judgment and decree dated 22.04.1995 passed by Additional District Judge, Sikar in Civil Suit No.5/1995 (Old No.15/1989) whereby and whereunder the suit for partition was decreed.
2. An application No.1/2022 has been filed under Order 23 Rule 3 read with Section 151 CPC stating inter alia that surviving legal representatives of parties to the present lis have entered into compromise and the terms of compromise have been reduced in writing by way of compromise deed dated 11.03.2022. The compromise deed dated 11.03.2022, duly signed by the parties concerned, has been placed on record and it has been prayed that the same may be taken on record and the first appeal be disposed of in terms of compromise.
3. Another application No.1/2020 has been filed under Order 22 Rule 3 CPC seeking substitution of legal representatives stating inter alia that the sole appellant-Mohal Lal has passed away on 7.9.2019 and his legal representatives named in the application be substituted in his place. Death certificate has been enclosed with the application.
Since there is some delay in filing the application, therefore an application No.2/2020 under Section 5 of the limitation Act and application No.3/2020 under Order 22 Rule 9 CPC for setting aside the abatement of the appeal, have also been filed. (Downloaded on 19/11/2022 at 09:33:02 PM)
(3 of 3) [CFA-107/1995] Taking into consideration, the nature of dispute in respect of partition and that the parties have entered into compromise, the applications No.1/2020, 2/2020 and 3/2020 are allowed. The delay is condoned. Legal representatives of deceased-appellant named in the application are substituted in his place.
4. One other application No.2/2022 has been filed stating inter alia that respondent No.2/7 Smt. Ramchandri has passed away on 24.11.2009 and her legal representatives are already on record as respondent No.2/1 (2/1/1 to 2/1/6) to 2/6. Hence, the factum of death may be taken on record and her name may be deleted and in the cause title, against her name the word "since deceased" be inserted. For such reasons, application No.2/2022 is allowed.
Amended cause title filed by the appellant is taken on record.
5. Since the learned counsel for both parties have jointly submitted that parties have settled their dispute of partition in terms of compromise and are agreeable to abide by the compromise, therefore, the application No.1/2022 filed under Order 23 Rule 3 CPC is allowed and compromise dated 11.03.2022 is taken on record.
6. This first appeal is disposed of in terms of compromise deed dated 11.3.2022 which shall form part of this order. The impugned decree dated 22.4.1995 stands modified accordingly.
Decree be framed accordingly.
8. Any other pending application, if any, stand disposed of.
(SUDESH BANSAL),J TN/40 (Downloaded on 19/11/2022 at 09:33:02 PM) Powered by TCPDF (www.tcpdf.org)