Madhya Pradesh High Court
Smt. Bhawna Gupta vs Shambhu Dayal Dubey on 16 August, 2021
Author: Anand Pathak
1 FA-50-2013
The High Court Of Madhya Pradesh
FA-50-2013
(SMT. BHAWNA GUPTA Vs SHAMBHU DAYAL DUBEY)
3
Gwalior, Dated : 16-08-2021
Shri Anand Bhardwaj, learned counsel for the appellant through VC.
Shri Yash Sharma, learned counsel for the respondent.
Heard on I.A. No. 3640/2021, an application under Order 23 Rule 3
read with Section 151 of CPC.
Respondent/plaintiff (since deceased and represented through his legal
representatives) filed a suit for specific performance of contract, which was
decreed by the trial Court vide judgment and decree dated 23.01.2013 and
directed the appellant/defendant to receive Rs.1,00,000/- and execute sale
deed of property in question in favour of plaintiff/respondent within three
months.
Against the said judgment and decree appellant/defendant filed the
instant first appeal under Section 96 of CPC. During the pendency of appeal
respondent/plaintiff passed away and now represented through his legal
representatives i.e. his son-Kuldeep Dubey and daughter-Smt. Manisha
Sharma.
It appears that better sanse prevailed over the parties and they now
intend to settle the matter and reflection is reflected in filing of application
under Order 23 Rule 3 CPC. According to learned counsel for the parties,
they intend to settle the matter and, therefore, this application has been filed,
which is duly signed by all the parties concerned and in effect they agreed to
the judgment and decree passed by the trial Court. Therefore, this application
has been preferred and they seek decree accordingly on the basis of
compromise.
Heard.
From the perusal of application under Order 23 Rule 3 CPC, it appears
that parties have agreed to the settlement as per the pleadings contained in the
2 FA-50-2013
application, duly supported by affidavits of all the parties concerned
alongwith their photographs. Therefore, identity and intention both are
obvious.
Considering the intention and submissions, this Court intends to allow
the application so preferred, so that parties can enter into settlement.
Appellant/defendant shall receive Rs.1,00,000/- from
respondents/plaintiffs and in return appellant/defendant shall execute sale
deed in favour of respondents/plaintiffs or in any person named by them in
writing within three months. Terms and conditions as referred in application
for settlement under Order 23 Rule 3 CPC shall be treated as part and parcel
of decree and parties shall have to abide by the said terms accordingly.
Therefore, in view of submissions as contained in application and the
judgment and decree passed by the trial Court, matter stands settled and
parties shall abide by the commitment as expressed by them before this Court
and reflected in their application.
Office is directed to prepare a judgment and decree accordingly.
I.A. No.3640/2021 stands allowed and disposed of in above terms.
(ANAND PATHAK)
JUDGE
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SMT NEETU
SHASHANK
2021.08.17
10:24:48
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