Citation : 2023 Latest Caselaw 15539 MP
Judgement Date : 21 September, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
FA No. 990 of 2021
(CHANDULAL JADWANI AND OTHERS Vs PRAKASH KUMAR SITPAL AND OTHERS)
Dated : 21-09-2023
Shri Himanshu Mishra - Advocate for appellants.
Shri Saitsh Dixit - Advocate for respondent No.37.
Shri Pradeep Dwivedi - Panel lawyer for respondent No.38/State.
Appeal was admitted on 27.09.2022.
As per office note dated 14.02.2022, respondent No.8, 9, 14 & 15 have
expired.
I.A. No.9811/2023 is for compromise under Order 22 Rule 3 r/w Section 151 of CPC.
It is informed that this first appeal has been filed aggrieved by order dated 08.12.2021 passed in Civil Suit No.1700005/2014 by Third Additional District Judge, Katni regarding the suit property situated at Khasra No.268/57,271/1A and 272/2. Predecessor owner of the land was disputed but Ratna Devi who sold the disputed land via the deed dated 24.03.2006 to the then president Chandulal Jadwani i.e. appellant No.1 herein after called
defendant No.1 in the suit, the said sale deed was purchased in the name of "District Drug Dealers Association" Katni.
The aforesaid land was registered deed dated 13.12.2012 sold to Mrs. Disha Motwani for consideration of Rs.26,20,000/-. Respondent No.1 to 36 herein after called as plaintiffs have filed representative suit for declaration of title and permanent injunction, the relief is that land should be reverted in the name of "District Drug Dealers Association" Katni. Now the seller of present appellants and purchaser i.e. respondent No.37 has agreed for mutual settlement Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 23-09-2023 19:36:08
with the sale dated 13.12.2012 be annulled and the land in question be reverted back in favour of the "District Drug Dealers Association" Katni.
It is further informed that "District Drug Dealers Association" Katni will refunded back along with interest to respondent No.37 and the association will free to get their names mutated in the revenue records therefore, prayer is made to compromise between the parties.
Parties are accepting judgment and decree dated 08.12.2021 passed by Third Additional District Judge, Katni. Affidavit of Chandulal is filed. Compromise agreement signed by Disha Motwani as party No.1 and party No.2 by three other persons.
At this juncture, learned counsel for both the parties prays that the matter be taken up tomorrow so that counsel for respondent Nos.1 to 36 is also present.
Time is granted.
List on 22.09.2023 (Tomorrow).
(AVANINDRA KUMAR SINGH) JUDGE
Shub
Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 23-09-2023 19:36:08
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