Scindia Devsthan Trust ... vs Jaikumar Yadav
2023 Latest Caselaw 10209 MP

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                    ON THE 5 th OF JULY, 2023
                SECOND APPEAL No. 1611 of 2017

BETWEEN:-
SCINDIA DEVSTHAN TRUST REGISTERED THR.
SECRETARY RANA KARAN SINGH S/O LATE SHRI RANA
SURENDRA SINGH, AGED 44 YEARS, R/O JAI VILAS
CAMPUS, GWALIOR (MADHYA PRADESH)

                                                      .....APPELLANT
(BY SHRI ANKUR MODY AND SHRI N.K.GUPTA - ADVOCATES)

AND
1.    JAIKUMAR YADAV S/O LATE SHRI BHAJANLAL
      YA D AV CHHATRI MANDI CHHATRI MARKET
      LASHKAR (MADHYA PRADESH)

2.    SHRIMANT JYOTIRADITYA SCINDIA S/O LATE
      SHRIMANT MAHARAJA MADHAVRAO SCINDIA,
      CHAIRMAN TURST

3.    SMT.   MADHVIRAJE SCINDIA W/O  LATE
      SHRIMANT MAHARAJA MADHAVRAO SCINDIA
      (TRUSTEE)

4.    SMT. PRIYADARSHANI RAJE SCINDIA W/O
      SHRIMANT JYOTIRADITYA SCINDIA (TRUSTEE)
      RESPONDENTS NO. 2 TO 4 R/O 27, SAFDARJUNG
      ROAD NEW DELHI (DELHI)

5.    SMT. UJJAWALA PHALKE W/O SHRI VIJAY
      PHALKE (TRUSTEE) USHA COLONY (MADHYA
      PRADESH)

6.    BRIGADIER NARSINGHRAO PAWAR S/O SHRI
      BAPURAO PAWAR (TRUSTEE) r/O MANDRE KI
      MATA LASHKAR, GWALIOR (MADHYA PRADESH)

7.    USHARAJE RANA W/O SHRI RANA SHAMSHER
      BAHADUR SINGH, R/O VIJWAS MAHARAJGANJ
      KATHAMANDU (NEPAL)
                                      2

8.       SMT. SUSHMA SINGH W/O LATE SHRI
         DHARMENDRA BAHADUR SINGH, AGED ABOUT
         71      YEARS, OCCUPATION: TRUSTEE VIJAY
         BHAVAN JAI VILAS PALACE (MADHYA PRADESH)
         (NAME DELETED IN LIGHT OF ORDER DATED
         5/9/2022)

                                                               .....RESPONDENTS
(SHRI MRADUL GAHOI - ADVOCATE FOR RESPONDENT NO. 1)

         T h is appeal coming on for orders this day, t h e cou rt passed the
following:
                                      ORDER

Heard on IA. No.4437 of 2023 an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908.

This appeal by plaintiff is directed against the judgment and decree dated 14/9/2017 passed by 3rd Additional District Judge, Gwalior in F.A.No. 8A/2016 reversing the judgment and decree dated 27/2/2012 passed by XI Civil Judge, Class II, Gwalior in Civil Suit No.33-A/2010.

After notice respondent No. 1/defendant has entered appearance. O n 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 on 26/9/2022 in terms of the order passed by this Court on 21/9/2023.

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 (I.A.No. 4437/2022) shall be binding upon the parties;

(ii) Impugned judgment and decree passed by court below is

modified accordingly;

(iii) The Registry shall draw a decree in terms of the compromise recorded in the application vide IA. No.4437/2022.

(ROOPESH CHANDRA VARSHNEY) JUDGE JPS/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

PRAKASH st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633 f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB21937 80D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C 01433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2023.07.06 09:51:23 +05'30'