Mangaldas vs Bhagwandas
2023 Latest Caselaw 2182 MP

                                                            1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE ROHIT ARYA
                                             ON THE 7 th OF FEBRUARY, 2023
                                             SECOND APPEAL No. 749 of 2022

                         BETWEEN:-
                         1.    MANGALDAS S/O SHRI CHANDERDAS, AGE-54
                               YEARS

                         2.    KALARAM S/O SHRI CHANDERDAS, AGE-60
                               YEARS,
                               RESIDENTS OF MANGURAM KA DERA, VILLAGE
                               BAGDIYA (BAGDARI) TAHSIL & DISTRICT
                               SHEOPUR (MADHYA PRADESH)

                                                                                     .....APPELLANTS
                         (BY SHRI R.S. DHAKAD-ADVOCATE )

                         AND
                         BHAGWANDAS S/O SHRI DAULAT SINGH, AGE-47
                         YE A R S , RESIDENT OF BANJARA DEM KE UPAR
                         SHEOPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                         (BY SHRI RAVI GUPTA-ADVOCATE)

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

                         following:
                                                              ORDER

IA. No.663 of 2023 an application for amendment is taken up, considered and allowed for the reasons mentioned therein.

Let necessary amendment be carried out in the original compromise application during the course of the day.

Heard on IA. No.349 of 2023 an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 2/7/2023 6:55:37 PM

This appeal by defendants is directed against the judgment and decree dated 05.03.2022 passed by District Judge, Sheopur (M.P.) in RCA No.25/2021 confirming the judgment and decree dated 30.10.2021 passed by I Civil Judge (Senior Division), Sheopur (M.P.) in Civil Suit No.1100019A/2015 granting permanent injunction.

After notice respondent/plaintiff has entered appearance. On perusal of the averments in the application, it appears that both the parties have entered into the compromise and settled their disputes and differences amicably. Statements of the parties have also been recorded before the Principal Registrar of this Court in terms of the order passed by this Court

on 19.01.2023.

In view of the aforesaid, this appeal is disposed of with the following order:

(i) That the terms and conditions mentioned in the application under reference shall be binding upon the parties;

(ii) Both the judgment and decree passed by courts below are accordingly modified;

(iii) The Registry shall draw a decree in terms of the compromise recorded in the application vide IA. No.349 of 2023.

(ROHIT ARYA) JUDGE pd

Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 2/7/2023 6:55:37 PM