Gulab Singh vs Brijanti
2023 Latest Caselaw 5410 MP

                             1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                          BEFORE
             HON'BLE SMT. JUSTICE SUNITA YADAV
                   ON THE 1 st OF APRIL, 2023
                SECOND APPEAL No. 1231 of 2022

BETWEEN:-
GULAB SINGH S/O SHRI RAMDAYAL, AGED ABOUT 65
YE A R S , VILLAGE JOURA KHURD, TEHSIL AND
DISTRICT MORENA (MADHYA PRADESH)

                                                   .....APPELLANT
(BY MS. RASHI KUSHWAH - ADVOCATE)

AND
1.    BRIJANTI W/O LATE SHRI RAMBABU HINGONA
      KHURD, TEHSIL AND DISTRICT MORENA
      (MADHYA PRADESH)

2.    KAPUSINGH S/O LATE SHRI RAMBABU, HINGONA
      KHURD, TEH. AND DISTRICT MORENA (MADHYA
      PRADESH)

3.    BHARAT SINGH S/O LATE SHRI RAMBABU
      HINGONA KHURD, TEH. MORENA (MADHYA
      PRADESH)

4.    DEEPU @ MUNNA S/O LATE SHRI RAMBABU,
      HINGONA KHURD, TEH. AND DISTRICT MORENA
      (MADHYA PRADESH)

5.    SMT KAPOORI D/O SHRI RAMBABU VILLAGE
      DONGARPUR, TEH. AND DISTRICT MORENA
      (MADHYA PRADESH)

6.    SMT. RAMIYA D/O SHRI RAMBABU, R/O 7
      NUMBER    CHAURAHA,  MORAR, DISTRICT
      GWALIOR (MADHYA PRADESH)

7.    GAJENDRA SINGH S/O LATE SHRI RAMNATH
      SINGH KIRAR, VILL. HINGONA KHURD, TEH. AND
      DISTRICT MORENA (MADHYA PRADESH)

      SHEELA BAI W/O SHRI VIRENDRA SINGH, D/O
                              2
8.    LATE SHRI RAMNATH SINGH, R/O VILLAGE
      SIKARPUR, TEHSIL AND DISTRICT MORENA
      STATE OF MADHYA PRADESH THROUGH
      COLLECTOR, DISTRICT MORENA (M.P.)
9.
                                                             .....RESPONDENTS
(BY SHRI SANTOSH AGRAWAL - ADVOCATE FOR THE RESPONDENT
[CAVEAT])

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

Assailing the judgment and decree dated 22.04.2022 passed by VIth District Judge, Morena in regular Civil Appeal No.04/2021 whereby confirming the judgment and decree dated 19.03.2021 passed by IIIrd Civil Judge, Class-II,

Morena in Civil Suit No.1500036A/2012.

Heard on I.A. No. 1322/2023, an application under Order 23 Rule 3 of C.P.C. for disposal of this second appeal on the basis of compromise arrived at between the parties.

Learned counsel for the parties have submitted that aforesaid I.A. has been jointly filed by the parties duly supported by affidavits of the parties and as per order dated 21.03.2023, factum of compromise has been verified by the Principal Registrar of this Court.

Verification report of the compromise has been received in which it is mentioned that the statement of the appellant and respondents are recorded, wherein it is found that they have arrived at compromise without threat, inducement and coercion.

Heard arguments advanced by learned counsel for the parties and perused the compromise application and the verification report of the Principal Registrar.

It is apparent from the perusal of verification report submitted by the

Principal Registrar of this Court that the parties have compromised the matter voluntarily without any influence or threat.

In view of the aforesaid, I.A. No. 1322/2023 stands allowed and the present second appeal is accordingly disposed of in terms of the compromise arrived at between the parties as per the conditions mentioned in I.A. No. 1322/2023.

Let a decree of compromise arrived at between the parties be drawn accordingly.

(SUNITA YADAV) JUDGE Monika MONIKA SHARMA 2023.04.05 16:17:28 +05'30'