Loknath vs Tejmani
2022 Latest Caselaw 10060 MP

                                                  1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 21st OF JULY, 2022

                                       SECOND APPEAL No. 615 of 2015

                           Between:-
                           LOKNATH S/O SHIVPAL RAM BRAMHIN, AGED
                           ABOUT 52 YEARS, R/O VILLAGE: SAKIN LAMI
                           KARHI, TEHSIL: AMARPATAN SATNA (MADHYA
                           PRADESH)

                                                                         .....APPELLANT
                           (BY SHRI NILESH KOTECHA-ADVOCATE)

                           AND

                      1.   TEJMANI S/O RAMBALI BRAHMIN, AGED
                           ABOUT 58 YEARS, R/O VILLAGE: LAMI KARHI,
                           TEHSIL: AMARPATAN (MADHYA PRADESH)

                      2.   GANESH     PRASAD    S/O   RAMSWAROOP
                           BRAMHIN, AGED ABOUT 74 YEARS, R/O
                           VILLAGE: LAMI KARHI, TEH. AMARPATAN,
                           DISTT. SATNA. (MADHYA PRADESH)

                      3.   BHAGWAT PRASAD S/O JAWALA PRASAD, AGED
                           ABOUT 52 YEARS, R/O VILLAGE: LAMI KARHI,
                           TEH. AMARPATAN, DISTT. SATNA. (MADHYA
                           PRADESH)

                      4.   GEETA PRASAD S/O JAWALA PRASAD, AGED
                           ABOUT 60 YEARS, R/O VILLAGE: LAMI KARHI,
                           TEH. AMARPATAN, DISTT. SATNA (MADHYA
                           PRADESH)

                      5.   RAMRATI W/O JAWALA PRASAD BRAMHIN,
                           AGED ABOUT 80 YEARS, R/O VILLAGE: LAMI
                           KARHI, TEH. AMARPATAN, DISTT. SATNA
                           (MADHYA PRADESH)

                      6.   TH. COLLECTOR SATNA COLLECTOR SATNA
                           (MADHYA PRADESH)
Signature
 SAN      Not
Verified

Digitally signed by
                                                                       .....RESPONDENTS
KUMARI PALLAVI             (BY SHRI RAVINANDAN DWIVEDI-ADVOCATE)
SINHA
Date: 2022.07.22
16:07:39 IST
                                  2
            (BY SHRI OM PRAKASH PATEL-PANEL LAWYER FOR
            RESPONDENT 6/STATE)

          Th is appeal coming on for hearing this day, t h e court passed the
following:
                                       ORDER

Learned counsel for the appellant and respondent 1 submits that contesting parties are close relatives and suit filed by the present appellant/plaintiff was dismissed by trial Court vide judgment & decree dated 14.05.2009, which has been upheld by first appellate Court vide judgment & decree dated 13.02.2015.

Counsel for the parties submit that they have also moved an application

(I.A. No. 324/2022) under Order 23 Rule 3 CPC annexing mutual compromise deed dated 22.06.2021.

In view of the aforesaid, learned counsel for the appellant submits that he does not want to press the second appeal and the same may be dismissed in the light of mutual compromise deed dated 22.06.2021.

Accordingly, the appeal is dismissed, however, no order as to costs.

(DWARKA DHISH BANSAL) JUDGE Pallavi