Chattisgarh High Court
Gajanand vs Rukhmani Bai on 8 March, 2025
Page 1 of 3
2025:CGHC:11618
HIGH COURT OF CHHATTISGARH, BILASPUR
NATIONAL LOK ADALAT
Judge - Lok Adalat : Hon'ble Mr. Justice Narendra Kumar Vyas
Member - Lok Adalat : Mr. Ashok Kumar Verma, Advocate
SA No. 97 of 2022
1 - Gajanand S/o Late Manohar Lal Aged About 47 Years.
2 - Chakram S/o Late Manohar Lal Aged About 45 Years.
3 - Rukmani Bai D/o Late Manohar Lal W/o Late Tengnu, Caste Kurmi
Aged About 52 Years
All are Resident Of Village Nawapara, Tehsil Janjgir, District Janjgir-
Champa Chhattisgarh.
4 - Phulbai D/o Late Manohar Lal W/o Manohar Lal Caste Kurmi, Aged
About 49 Years R/o Village Pendri, Tehsil Janjgir, District Janjgir-
Champa Chhattisgarh.
5 - Bhagwari Bai D/o Late Manohar Lal W/o Tikaram Caste Kurmi, Aged
About 43 Years R/o Village Munund, Tehsil -Janjgir, District- Janjgir
Champa Chhattisgarh.
6 - Bhagwantin Bai D/o Late Manohar Lal W/o Shiv Kumar Caste Kurmi,
Aged About 41 Years R/o Village Akaltari, Tehsil Janjgir, District Janjgir
Champa Chhattisgarh.
7 - Shivmantin Bai D/o Late Manohar Lal W/o Nandkumar Caste Kurmi
Aged About 39 Years R/o Village Amora, Tehsil Nawagarh, District
Janjgir-Champa Chhattisgarh.
8 - Gourishankar S/o Gajanan
9 - Ravishankar S/o Chakram
Both R/o Village Chorbhathi, Tehsil Nawagarh District Janjgir-Champa
Chhattisgarh.
----Appellants
Versus
1 - Rukhmani Bai W/o Late Dwasram Aged About 49 Years R/o Village -
Khaira Tahsil Nawagarh, District-Janjgir-Champa Chhattisgarh.
2 - Ramkali D/o Dwasram Aged About 29 Years R/o Village Petphorwa,
Post Darang Tehsil Champa, District Janjgir-Champa Chhattisgarh.
3 - State Of Chhattisgarh Through Collector, Janjgir, District Janjgir-
Champa Chhattisgarh.
---- Respondents
Digitally
signed by
ARUN
ARUN KUMAR
KUMAR DEWANGAN
DEWANGAN Date:
2025.03.10
11:35:56
+0530
For Appellants : Mr. Rakesh Kumar Manikpuri, Advocate.
For Respondents : Mr. Parasmani Shrivas, Advocate.
For State : Mr. Jitendra Shrivastava, G.A. along with Ms.
Shailja Shukla, Dy. G.A.
_________________________________________________________
AWARD
(Passed on 08.03.2025)
1. The second appeal has been filed by the appellants/defendants
under Section 100 of the C.P.C. against judgment and decree
dated 20.12.2021 (Annexure A/1) passed by the learned First
Additional District Judge Janjgir, District- Janjgir-Champa (C.G.) in
Civil Appeal No. 01A/2021 by which the appeal preferred by the
respondent/plaintiff has been partly allowed setting aside the
judgment dated 25.11.2020 passed by the learned Civil Judge
Class-II, Nawagarh, District- Janjgir-Champa (C.G.) in Civil Suit
No. 29-A/2014 wherein the suit preferred by the
respondent/plaintiff for declaration of title and partition of 1/9th
share of the suit property has been dismissed.
2. This second appeal has been admitted for hearing by this Court
on 11.07.2022.
3. All the appellants and respondents are present in person present
before this Court today for settling their dispute.
4. During pendency of the second appeal, the appellants and the
respondents who are family members, have decided to amicably
settle inter se dispute between them. Accordingly, they have jointly
filed a compromise application under Order 23 Rule 3 of the
C.P.C. supported by affidavit of the parties. They have settled their
dispute in view of clause 5 of the compromise application, which
reads as under:-
"5. That the parties have entered into a compromise and
settled their dispute with regard to the suit land and house.
That the defendants/ appellants have paid Rs. 6.00 lacs to
the plaintiffs/respondent out of the court and the
defendants have abandoned their claim over the suit
property. That the plaintiffs have also admitted the validity
of the will deeds Ex.D/1 & Ex.D/2 executed in favour of the
appellants 8 & 9/defendants 10 & 11."
5. In view of the above settlement, appellant-Gajanand has given two
cheques bearing cheque No. 3038 & 3039 Rs. 3 lacs each (total
Rs. 6 lacs) to respondent- Rukhmani Bai Kashyap.
6. The judgment and decree passed by the trial Court and the
Appellate Court are modified in terms of compromise arrived at
between the parties mentioned at paragraph 5 of the compromise
application filed under Order 23 Rule 3 of the C.P.C.
7. Accordingly, the instant second appeal stands disposed of.
8. The settlement arrived at between the parties as mentioned at
paragraph 5 of the compromise application will be part and partial
of the award and decree.
9. A decree be drawn up accordingly.
Sd/- Sd/-
(Narendra Kumar Vyas) (Ashok Kumar Verma)
Judge- Lok Adalat Member- Lok Adalat
High Court of Chhattisgarh High Court of Chhattisgarh
Bilaspur Bilaspur
Arun
