Kamal Kedia vs Dr. Meghraj
2021 Latest Caselaw 2833 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                 FA No. 320 of 2017
                           Kamal Kedia Versus Dr. Meghraj




22-10-2021             Mr. Sumesh Bajaj, counsel for the appellant.
                       Ms. Sonam Shukla, counsel for the respondent No.1.

Heard on I.A.No.6 of 2021 filed by the appellant and respondent No.1 under Order 23 Rule 1 and 3 of the CPC for compromise the dispute arrived at between them.

It is stated in the application that the respondent No.1/plaintiff has filed suit for declaration, injunction and possession over the suit property situated at Shri Ram Nagar Scheme Phase-2, Anupam Nagar, Raipur bearing plot No.R-8 area admeasuring 7765 sq.ft.. Learned trial Court vide its judgment and decree dated 7-4-2-17 has passed the decree as under.

"In view of my above noted findings, claim of the plaintiff is accepted in part. Suit is, accordingly, ordered to be decreed as under:

(I) It is declared that the sale deed dated 6-11-

1998 executed by the defendant No.1 in favour of defendant No,.2 is not binding on the plaintiff, being void ab initio;

(ii) Plaintiff shall pay a sum of Rs.25 lacs only to the defendant No.2 towards cost of improvement made during pendency of appeal, within a period of one month from today;

(iii) Defendant No.2 shall handover possession of the suit property to the plaintiff within a period of three months;'

(iv) In the facts and circumstances, parties shall bear their respective costs".

The appellant has filed the present appeal challenging the judgment and decree passed by the learned trial court in civil suit No.45-A /2002. During pendency of the present appeal, settlement has been arrived at between the appellant and respondent No.1, therefore, they have jointly moved an application under Order 23 Rule 1 and 3 of the CPC for compromising the dispute.

Considering the fact that settlement has been arrived at between appellant and respondent No.1, it is directed that the appellant and respondent No.1 shall appear before the Additional Registrar (J) for recording their statements on 10-11-2021.

List this case on 17-11-2021.

Sd/-

(Narendra Kumar Vyas) Judge

Raju