Smt. Poonam Khandelwal vs Mahesh Kumar Khandelwal
2023 Latest Caselaw 3656 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                      BEFORE
                                         HON'BLE SMT. JUSTICE SUNITA YADAV
                                               ON THE 1 st OF MARCH, 2023
                                              FIRST APPEAL No. 1297 of 2017

                           BETWEEN:-
                           SMT. POONAM KHANDELWAL W/O SHRI N.K.
                           KHANDELWAL, AGED ABOUT 45 YEARS, OCCUPATION:
                           BUSINESS AADARSH MILL ROAD BAHODAPUR
                           (MADHYA PRADESH)

                                                                                      .....APPELLANT
                           (SHRI R.K. SONI - ADVOCATE FOR APPELLANT)

                           AND
                           1.    MAHESH KUMAR KHANDELWAL S/O SHRI
                                 HANUMAN PRASAD KHANDELWAL, AGED ABOUT
                                 48   YEARS, OCCUPATION: BUSINESS,  R/O
                                 MAYANKAR KI GALI HANUMAN CHAURAHA
                                 LASHKAR (MADHYA PRADESH)

                           2.    CHIEF GENERAL MANAGER STATE BANK OF
                                 INDIA MAIN BRANCH JIVAJI CHOWK LASHKAR
                                 (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (SHRI SURESH AGARWAL - ADVOCATE FOR RESPONDENT NO.1 & SHRI
                           M.P. AGARWAL - ADVOCATE FOR RESPONDENT NO.2. )

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

Appellant and respondent No.1 have jointly filed I.A. No.962/2023, an application under Order 23 Rule 3 read with Section 151 of CPC for compromise.

In compliance of order dated 23/02/2023 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 3/2/2023 9:53:36 AM

Court, who has recorded the statements of respondent No.1 as well as appellant and has submitted a report dated 24.02.2023 that the parties have arrived at compromise voluntarily without any threat, inducement and coercion.

It is informed to the Court that parties have settled the dispute by way of compromise and, therefore, both the parties do not wish to pursue the present piece of litigation.

I n view of consensus arrived at between the parties and the said application which is duly supported by affidavits of sole appellant- Smt. Poonam Khandelwal and respondent No.01- Shri Mahesh Khandelwal, I.A. No.962/2023, is hereby allowed.

Let compromise decree be drawn in terms and conditions agreed to between the rival parties as mentioned in the application bearing I.A.No.962/2023.

As a necessary consequence, the impugned judgment and decree dated 28/11/2017 passed in Civil Suit No.87A/2014 by XIV Additional District Judge, Gwalior (M.P.) assailed in the present appeal stands set aside/quashed.

Let the compromise decree be drawn up. Appeal stands disposed of.

Parties shall bear their own cost.

(SUNITA YADAV) JUDGE (LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 3/2/2023 9:53:36 AM