Gitabai Jain vs Ganpatibai @ Kirshnabai
2023 Latest Caselaw 16816 MP

                                                      1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
                                           ON THE 10 th OF OCTOBER, 2023
                                            FIRST APPEAL No. 353 of 2015

                           BETWEEN:-
                           1.    GITABAI JAIN W/O LATE GULABCHAND JAIN,
                                 AGED    ABOUT    86   YEARS, OCCUPATION:
                                 HOUSEHOLD    VILLAGE NEMAWAR      TESHIL
                                 KHATEGAON,    DISTRICT-DEWAS    (MADHYA
                                 PRADESH)

                           2.    KAILASH CHANDRA JAIN S/O LATE SHRI
                                 GULABCHAND JAIN, AGED ABOUT 61 YEARS,
                                 OCCUPATION: BUSINESS VILLAGE NEMAWAR
                                 TESHIL    KHATEGAON ,   DISTRICT-DEWAS
                                 (MADHYA PRADESH)

                           3.    SATISH CHANDRA JAIN S/O LATE SHRI
                                 GULABCHAND JAIN, AGED ABOUT 54 YEARS,
                                 OCCUPATION: SERVICE VILLAGE NEMAWAR
                                 TESHIL    KHATEGAON ,   DISTRICT-DEWAS
                                 (MADHYA PRADESH)

                           4.    MOHANLAL JAIN S/O LATE SHRI GULABCHAND
                                 JAIN, AGED ABOUT 52 YEARS, OCCUPATION:
                                 BUSINESS   VILLAGE    NEMAWAR    TESHIL
                                 KHATEGAON,    DISTRICT-DEWAS   (MADHYA
                                 PRADESH)

                                                                            .....APPELLANTS
                           (SHRI VINAY SARAF, LEARNED SENIOR COUNSEL WITH SHRI RIZWAN
                           KHAN, LEARNED COUNSEL FOR THE APPELLANTS)

                           AND
                           1.    SMT. GANPATIBAI @ KIRSHNABAI D/O LATE
                                 GULABCHAND JAIN, AGED ABOUT 71 YEARS,
                                 OCCUPATION: HOUSEHOLD 132/2 NANDA NAGAR
                                 OPP. SAI MANDIR (MADHYA PRADESH)

                           2.    SMT. MADHUBAI D/O LATE SHRI GULABCHAND
                                 JAIN W/O SATYANARAYAN MEHTA, AGED ABOUT
                                 58 YEARS, OCCUPATION: HOUSEHOLD DUTIES
                                 151, INDIRA GANDHI NAGAR, INDORE (MADHYA
Signature Not Verified
Signed by: NARENDRA
KUMAR RAIPURIA
Signing time: 11-10-2023
19:27:53
                                                               2
                                 PRADESH)

                           3.    RAMNIWAS    KALA    S/O   BABULAL   KALA
                                 (DECEASED) THR. LRS. DEEPAK KALA S/O LATE
                                 SHRI RAMNIWAS KALA, AGED ABOUT 30 YEARS,
                                 OCCUPATION: SERVICE 59-A, PARSHWANATH
                                 NAGAR, KESARBAG ROAD, INDORE (MADHYA
                                 PRADESH)

                           4.    SUDHIR KALA S/O LATE SHRI RAMNIWAS KAL,
                                 AGED ABOUT 33 YEARS, OCCUPATION: SERVICE
                                 59-A, PARSHWANATH NAGAR, KESARBAG ROAD,
                                 INDORE (MADHYA PRADESH)

                           5.    STATE OF M.P. THROUGH COLLECTOR DEWAS
                                 (MADHYA PRADESH)

                           6.    SMT. ASHABAI D/O LATE SHRI GULABCHAND
                                 JAIN W/O GOVERDHAN JAIN, AGED ABOUT 56
                                 Y E A R S , OCCUPATION: HOUSEHOLD DUTIES
                                 NEEMCHOWK, VILLAGE TAL, RATLAM (MADHYA
                                 PRADESH)

                                                                                       .....RESPONDENTS
                           (SHRI JYOTI SWAROOP           DAVE,    LEARNED     COUNSEL     FOR    THE
                           RESPONDENT NO.1)

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

Heard on I.A. No.5977/2023, an application under Order 23 Rule 3 r/w Section 151 of CPC.

(2) As per aforesaid I.A., parties have compromised the matter. As per para 2(c) of the aforesaid application (I.A. No.5977/2023), civil suit i.e. RCS 3A/14 filed by the plaintiff/respondent No.1 is to be dismissed and the judgment and decree dated 27.02.2015 passed in above RCS is to be set aside.

(3) The report submitted by Principal Registrar of this Court reveals that parties have compromised the matter and the compromise is genuine and without any undue influence, pressure, force or coercion. Therefore, in view of Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 11-10-2023 19:27:53

the compromise arrived at between the parties and the report submitted by the Principal Registrar, I.A. No.5977/2023 is allowed. The judgment and decree passed by Additional District Judge, Khategaon, District-Dewas in RCS 3A/14 dated 27.02.2015 is set aside.

(4) Accordingly, I.A. No.5977/2023/appeal stands disposed of. The terms and conditions of the compromise mentioned in the application shall form part of this order.

(ACHAL KUMAR PALIWAL) JUDGE N.R.

Signature Not Verified Signed by: NARENDRA KUMAR RAIPURIA Signing time: 11-10-2023 19:27:53