Smt.Rama Devi vs Badri Prasad
2023 Latest Caselaw 14589 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                           ON THE 5 th OF SEPTEMBER, 2023
                                             FIRST APPEAL No. 237 of 2006

                           BETWEEN:-
                           1.    SMT.RAMA DEVI W/O LAXMI NARAYAN TIWARI,
                                 AGED ABOUT 30 YEARS, R/O VILL. DELHI TAHSIL
                                 RAIPUR KARCHUA, DISTT. REWA (MADHYA
                                 PRADESH)

                           2.    SMT. PREMWATI W/O RAJDHAR TIWARI, AGED
                                 ABOUT 30 YEARS, R/O VILL. CHORGHARI, TAH.
                                 RAIPUR KARCHUA, REWA (MADHYA PRADESH)

                                                                               .....APPELLANTS
                           (BY SHRI SANJIV MISHRA - ADVOCATE )

                           AND
                           1.    BADRI PRASAD S/O RAMVILAS, AGED ABOUT 61
                                 Y E A R S , OCCUPATION: AGRICULTURE,   R/O
                                 VILL.SOORA, TAHSIL SIRMOUR, TEMPORARY
                                 RESIDING IN       MOHALLA SAMAN,     REWA
                                 (MADHYA PRADESH)

                           2(A) RAMADHAR (DEAD) THROUGH LRS JAGDISH
                                PRASAD S/O LATE RAMADHAR, AGED ABOUT 53
                                YE A R S , R/O TEHSIL MANGAWAN, DISTRICT
                                REWA (MADHYA PRADESH)

                           2(B). SANT PRASAD SHUKLA S/O LATE RAMADHAR,
                                 AGED ABOUT 53 YEARS, R/O GRAM POST SOORA
                                 TEHSIL MANGAWAN DISTRICT REWA (MADHYA
                                 PRADESH)

                           3.    RAMDAS S/O VASHISTHA PRASAD TIWARI, AGED
                                 ABOUT 45 YEARS, R/O RAJABANDH TAHSIL
                                 TYONTHAR DISTRICT REWA (MADHYA PRADESH)

                           4.    GURU VAIDNATH S/O GURU AYODHAYA PRASAD,
                                 AGED    ABOUT    60   YEARS, OCCUPATION:
                                 AGRICULTURE R/O VILLAGE RAURA, TAHSIL
                                 RAIPUR KARCHO DISTRICT REWA (MADHYA
Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 06-09-2023
19:17:06
                                                              2
                                 PRADESH)

                           5.    KAMTA PRASAD S/O LATE NANDLA, AGED ABOUT
                                 58     YEARS, OCCUPATION:  AGRICULTURE
                                 TEMPORARY R/O MOHALLA SAMAN R/O
                                 VILLAGE SURA TAHSIL SIRMOUR DISTRICT
                                 REWA (MADHYA PRADESH)

                           6.    THE STATE OF MADHYA PRADESH THROUGH
                                 COLLECTOR REWA (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI ASHISH KUMAR YADAV - ADVOCATE FOR RESPONDENT NO.1,
                           NONE FOR RESPONDENTS NO. 3,4 AND 5, MS. MAMTA MISHRA - PANEL
                           LAWYER FOR RESPONDENT NO.6/ STATE)

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

At the outset, learned counsel for the parties jointly submit that parties have compromised the matter.

I.A.No. 8555/2022 is pending which is an application under Order 23, Rule 3 of C.P.C. for compromise. In this case the appellants/ defendants are Smt. Rama Devi and Smt. Premwati and respondents/ plaintiffs are Shri Badri Prasad and others. In I.A. No. 8555/2022 affidavits of Premwati and Badri Prasad have been filed. This application was filed on 1.8.2022. Compromise statement of Badri Prasad dated 16.05.2019 has been recorded by the Registrar (J-I). Photo and voter card have been attached to establish his identity. Statement of Rama Devi was also recorded on 16.05.2019. Her photo and adhar card have also been attached to establish her identify. Compromise statements of Badri Prasad and Premwati were recorded on 27.07.2023 before Registrar (J-I) to verify the factum of compromise and to submit his report. The report has been submitted by Registrar (J-I) vide order dated 16.05.2019 and 27.07.2023 to the effect that compromise between the parties as mentioned Signature Not Verified Signed by: VIKRAM SINGH Signing time: 06-09-2023 19:17:06

above has taken place voluntarily.

In view of the aforesaid, I.A. No. 8555/2022, which is an application under Order 23, Rule 3 of C.P.C. is allowed as per the report of Registrar (J-I), copy of which shall be part of this order.

Earlier this Court, vide order dated 10.1.2020 has allowed I.A.No. 5106/2019 on the basis of compromise on the report of the Registrar dated 16.05.2019 and directed that judgment and decree dated 10.11.2005 passed by the trial Court in respect of the sale-deed dated 13.02.1996 ( Ex. P/6) be modified to the aforesaid extent only at the time of final disposal of the appeal.

Accordingly, I.A.No. 8555/2022 is allowed and on the basis of compromise reports dated 16.05.2019 and 27.07.2023 registered sale-deeds dated 13.02.1996 (Ex. P/6) and 25.07.1996 (Ex. P/5) and decree dated 10.11.2005 in C.S. No. 9A/2005 shall not operate in favour of Badri Prasad and not operate against Premvati and Rama Devi. Accordingly, decree of the trial Court dated 10.11.2005 in C.S. No. 9A/2005 stands modified to that extent. Compromise applications in I.A.No. 5106/2019 and I.A.No. 8555/2022 shall be part of the decree.

Accordingly, appeal stands disposed of.

Let copy of this order be sent to the concerned Court for drawing up the decree.

(AVANINDRA KUMAR SINGH) JUDGE Vikram

Signature Not Verified Signed by: VIKRAM SINGH Signing time: 06-09-2023 19:17:06