Surinder Singh vs Thakur Santokh Singh & Ors
2023 Latest Caselaw 2 j&K

                                                                           Sr.No. 26


                 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT JAMMU

                                                        CR No. 2/2023
                                                        CM No. 81/2023
                                                        CAV No. 1455/2022

Surinder Singh                                                 ....Petitioner/Appellant(s)

                     Through :- Mr. Aseem Sawhney, Advocate

           V/s

Thakur Santokh Singh & Ors.                                            ....Respondent(s)
                     Through :-
Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
                                      ORDER

11.01.2023 The instant revision petition has been filed under Section 115 CPC r/w

Article 227 of the Constitution of India and other enabling provision of the CPC for

setting aside the order passed by the trial/executing court of learned Munsiff Katra

in execution petition under Order 21 rule 101 CPC titled "Surinder Singh vs.

Thakur Santokh Singh & Ors." in file No. 28/Civil Misc. decided on 31.10.2022.

Petitioner has filed this revision petition during the pendency of the suit,

the plaintiff/petitioner and defendants/respondents herein have entered into a

compromise and an application was filed informing the learned trial court about the

compromise/agreement between the parties. As per the compromise

respondents/defendant No. 11 namely Sankar Dass who had given land measuring

17*30 feet from Khasra No. 314 to the plaintiff situated at Southern side at

pedestrian track built by the non applicant/defendant and the plaintiff/petitioner

was allowed to construct his shop on the land sold by defendant No. 11 in Khasra

No. 314.

Learned counsel for the petitioner has stated that the court below has

reviewed its compromise judgment and decree and declared it as nullity without

following the due procedure under law, which is impermissible.

Heard.

Issue notice to the respondents, returnable within four weeks upon taking

steps by the petitioner within one week.

List on 13.03.2023.

Meanwhile, scanned record be summoned from the court below.

(Moksha Khajuria Kazmi) Judge Jammu:

11.01.2023 Manan