Chandrashekher Dubey S/O Late ... vs Shyamsundar Dubey S/O Late Shri ...
2023 Latest Caselaw 9575 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                    BEFORE
                                       HON'BLE SMT. JUSTICE SUNITA YADAV
                                             ON THE 26 th OF JUNE, 2023
                                          SECOND APPEAL No. 1128 of 2018

                          BETWEEN:-
                          1.    CHANDRASHEKHER DUBEY S/O LATE       SHRI
                                CHETRAM DUBEY (DEAD) THR. LRS

                          2.    SMT. SITA DUBEY W/O LATE SHRI CHETRAM
                                DUBEY, AGED ABOUT 62 YEARS, R/O RAMJANKI
                                MANDIR, SIKANDAR      KAMPOO, LASHKAR,
                                DISTRICT GWALIOR (MADHYA PRADESH)

                          3.    HARENDRA NATJH DUBEY S/O LATE SHRI
                                CHETRAM DUBEY, AGED ABOUT 49 YEARS, R/O
                                RAMJANKI MANDIR, SIKANDAR KAMPOO,
                                LASHKAR, DISTRICT   GWALIOR   (MADHYA
                                PRADESH)

                          4.    SURENDRA NATH DUBEY S/O LATE SHRI
                                CHETRAM DUBEY, AGED ABOUT 45 YEARS R/O
                                RAMJANKI MANDIR, SIKANDAR KAMPOO,
                                LASHKAR,  DISTRICT  GWALIOR   (MADHYA
                                PRADESH),

                          5.    DHEERAJ DUBEY S/O LATE SHRI HARISHCHAND
                                DUBEY, AGED ABOUT 31 YEARS, R/O SAHISO KA
                                MOHALLA, INFRONT OF OMPRAKASH PATHAK,
                                SIKANDAR KAMPOO, LASHKAR, DISTRICT
                                GWALIOR (MADHYA PRADESH)

                                                                            .....APPELLANTS
                          (BY SHRI S.K. SHARMA - ADVOCATE)

                          AND
                          1.    SHYAMSUNDAR DUBEY S/O LATE SHRI CHETRAM
                                DUBEY (DEAD) THR. LRS

                          2.    SMT. URMILA DUBEY W/O LATE SHYAMSUNDAR
                                DUBEY, AGED ABOUT 58 YEARS

                          3.    DEEPAK DUBEY S/O LATE SHRI SHYAMSUNDAR
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 6/28/2023
10:20:30 AM
                                                        2
                                DUBEY, AGED ABOUT 30 YEARS

                          4.    MANISH DUBEY S/O LATE SHRI SHYAMSUNDAR
                                DUBEY, AGED ABOUT 24 YEARS

                          5.    SMT.   ANITA      UPADHYAY      D/O   LATE
                                SHYAMSUNDAR      DUBEY W/O     SHRI GIRJESH
                                UPADHYAY

                                ALL R/O DATT NAGAR, MORENA (MADHYA
                                PRADESH).

                          6.    SMT. SUNITA TEHRIA D/O LATE SHRI
                                SHYAMSUNDAR DUBEY W/O SHRI NARESH
                                TEHRIA R/O SABALGARH, DISTT. MORENA
                                (MADHYA PRADESH)

                          7.    SMT. UMA W/O LATE SHRI RAVI THAPAK D/O
                                LATE SHRI CHANDRASHEKHAR DUBEY, AGED
                                ABOUT 43 YEARS, R/O INFRONT OF JIWAJIGANJ
                                CHOURAHA, LASHKAR, DISTRICT GWALIOR
                                (MADHYA PRADESH)

                          8.    SMT. MANJU W/O SHRI MAHENDRA DIXIT D/O
                                LATE SHRI CHANDRASHEKHAR DUBEY, AGED
                                ABOUT 40 YEARS, R/O GUDA GUDI KA NAKA,
                                INFRONT   OF GOVERNMENT     BATHROOM,
                                LASHKAR, GWALIOR (MADHYA PRADESH)

                          9.    SMT. SWETA W/O SHRI SHIVNARAYAN RAJORIYA
                                D/O LATE CHANDRASHEKHAR DUBEY, AGED
                                ABOUT 37 YEARS, R/O DRP QUARTER LINE,
                                DATIA (MADHYA PRADESH)

                          10.   OMWATI W/O LATE SHRI HARISHCHAND DUBEY,
                                AGED ABOUT 46 YEARS, R/O SAHISO KA
                                MOHALLA, INFRONT OF OMPRAKASH PATHAK,
                                SIKANDAR KAMPOO, LASHKAR, GWALIOR
                                (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                          (NONE)

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

Assailing the judgment and decree dated 01.02.2018 passed by VIth Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/28/2023 10:20:30 AM

District Judge, Gwalior in regular Civil Appeal No.28/2017 whereby reversing the judgment and decree dated 22.12.2016 passed by IX Civil Judge, Class-II, Gwalior in Civil Suit No.47A/2014.

Heard on I.A. No. 517/2022, an application under Order 23 Rule 3 of C.P.C. read with Section 151 of the 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 25.03.2023, 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. 517/2022 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. 517/2022.

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

Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/28/2023 10:20:30 AM

(SUNITA YADAV) JUDGE Ahmad

Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/28/2023 10:20:30 AM