Madhya Pradesh High Court
Sushiladevi And 2 Ors. vs Badrilal on 20 April, 2022
Author: Virender Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIRENDER SINGH
ON THE 20th OF APRIL, 2022
FIRST APPEAL No. 101 of 2011
Between:-
1. SUSHILADEVI Wd/O SHIVNARAYAN MANAWAT,
AGED ABOUT 70 YEARS, R/O BLOCK NO.36,
DANCHA BHAWAN, VISHWA BANK COLONY,
AGAR ROAD UJJAIN (MADHYA PRADESH)
2. SMT. LAXMIBAI W/O MANOHARLAL MANAWAT,
AGED ABOUT 44 YEARS, R/O HOUSE NO.244,
JAWAHAR MARG STATION ROAD, KHACHROD,
TEHSIL KHACHROD, DISTRICT UJJAIN (MADHYA
PRADESH)
3. MANAOHARLAL S/O SHIVNARAYAN JI MANAWAT,
AGED ABOUT 50 YEARS, R/O HOUSE NO.244,
JAWAHAR MARG STATION ROAD, KHACHROD,
TEHSIL KHACHROD, DISTRICT UJJAIN (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI RISHIRAJ TRIVEDI, ADVOCATE )
AND
BADRILAL S/O JAGANNATH KUMAWAT, AGED
ABOUT 55 YEARS, OCCUPATION: SERVICE R/O 14,
AADISHWAR GALI, KHACHROD, TEH.KHACHROD,
DISTRICT UJJAIN (MADHYA PRADESH)
SINCE DECEASED THROUGH LR'S:-
(1A) DROPADI Wd/O LATE BADRILAL KUMAWAT,
AGE-65 YEARS, OCCU.-HOUSEHOLD R/O GANESH
DEVALI IN FRONT OF MASJID BOHRA BAKHAL,
KHACHROD, DISTRICT UJJAIN (MADHYA
PRADESH)
(1B) RAJENDRA S/O LATE BADRILAL KUMAWAT,
AGE-55 YEARS, OCCU.-NOT KNOWN R/O R/O
GANESH DEVALI IN FRONT OF MASJID BOHRA
BAKHAL, KHACHROD, DISTRICT UJJAIN
(MADHYA PRADESH)
(1C) DEVENDRA S/O LATE BADRILAL KUMAWAT,
AGE-40 YEARS, OCCU.-NOT KNOWN R/O GANESH
DEVALI IN FRONT OF MASJID BOHRA BAKHAL,
KHACHROD, DISTRICT UJJAIN (MADHYA
PRADESH)
(1D) SUNITA D/O LATE BADRILAL KUMAWAT,
AGE-45 YEARS, OCCU.-NOT KNOWN R/O GANESH
DEVALI IN FRONT OF MASJID BOHRA BAKHAL,
KHACHROD, DISTRICT UJJAIN (MADHYA
PRADESH)
Signature Not VerifiedDigitally signed by
SAN ASHISH KUMAR
.....RESPONDENTS
JAIN
Date: 2022.04.20
17:03:28 IST
(BY SHRI MAHENDRA KUMAR JAIN, ADVOCATE)
This appeal coming on for orders this day, the court passed the following:
2
ORDER
This appeal has been preferred by the appellants under Section 96 of Civil
Procedure Code being aggrieved by the judgment and decree dated 22.12.2010
passed in Civil Suit No.25-A/1996 by Additional District Judge, Khachrod,
District-Ujjain (M.P.) wherein the learned trial Court has decreed the suit.
I.A. No.1810/2022 is taken up.
This is an application under Order 23 Rule 1 & 2 read with Section 151 of
CPC filed by both the parties.
Both the parties have amicable settled their dispute and have entered into
compromise.
The compromise has been verified by the Principal Registrar of this Court.
As per report of Principal Registrar dated 13.04.2022 placed on record, the
parties are competent to compromise the case in all respects. The parties have
entered into the compromise voluntarily, without any fear, pressure, coercion from
either side or misrepresentation of facts. They all have gone through the terms and
conditions of the compromise and they are agree for the same.
The report has been submitted after recording statements of the parties by
the Principal Registrar of this Court.
Considering the report dated 13.04.2022 submitted by the Principal
Registrar of this Court, I.A. No.1810/2022 is allowed.
In view of the compromise, impugned judgment and decree passed by the
trial Court dated 22.12.2010 passed in Civil Suit No.25-A/1996 is hereby set-aside.
The suit filed by the respondent before the trial Court is dismissed.
Decree be drawn up in terms of the compromise arrived at between the
parties.
I.A. No.1817/2022 is also taken up.
This is an application for seeking refund of amount deposited by the
respondent.
The other side has no objection.
On due consideration, I.A. No.1817/2022 is allowed.
Signature Not VerifiedDigitally signed by
SAN ASHISH KUMAR
The amount deposited by the respondent be refunded to respondent No.1B
JAIN
Date: 2022.04.20
17:03:28 IST
Rajendra S/o Late Badrilal Kumawat.
Records of the Court below be sent back.
With the aforesaid, this appeal stands disposed off.
Compromise deed shall be the part of this order.
(VIRENDER SINGH)
JUDGE
@shish
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN ASHISH KUMAR
JAIN
Date: 2022.04.20
17:03:28 IST
