Vinod Kumar Jain vs Amit Singh
2024 Latest Caselaw 15210 MP

Madhya Pradesh High Court

Vinod Kumar Jain vs Amit Singh on 21 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                       1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                    BEFORE
                                       HON'BLE SMT. JUSTICE SUNITA YADAV
                                              ON THE 21 st OF MAY, 2024
                                            FIRST APPEAL No. 1908 of 2023

                           BETWEEN:-
                           1.    VINOD KUMAR JAIN S/O LATE SHRI HARISH
                                 CHAND JAIN, AGED ABOUT 65 YEARS,
                                 OCCUPATION: BUSINESS

                           2.    ASHOK KUMAR JAIN S/O LATE SHRI HARISH
                                 CHAND JAIN, AGED ABOUT 62 YEARS,
                                 OCCUPATION: BUSINESS

                           3.    VIMAL KUMAR JAIN S/O LATE SHRI HARISH
                                 CHAND JAIN, AGED ABOUT 60 YEARS,
                                 OCCUPATION: BUSINESS

                           4.    PRADEEP KUMAR JAIN S/O LATE SHRI HARISH
                                 CHAND JAIN, AGED ABOUT 54 YEARS,
                                 OCCUPATION: BUSINESS

                           5.    NARENDRA KUMAR JAIN S/O LATE SHRI HARISH
                                 CHAND JAIN, AGED ABOUT 54 YEARS,
                                 OCCUPATION: BUSINESS

                           6.    SMT PREMVATI W/O LATE SHRI HARISH CHAND
                                 JAIN, AGED ABOUT 85 YEARS, OCCUPATION:
                                 HOUSEWIFE
                                 ALL R/O BAJAJ KHANA MORAR, DISTRICT
                                 GWALIOR (MADHYA PRADESH)

                                                                              .....APPELLANT
                           (SHRI N.K. GUPTA - SENIOR COUNSEL WITH SHRI SHATRU DAMAN
                           SINGH BHADOURIYIA - ADVOCATES OF THE APPELLANT).

                           AND
                           1.    AMIT SINGH S/O SHRI JAGDISH SINGH YADAV,
                                 AGED    ABOUT     33   YEARS, OCCUPATION:
                                 CONTRACTOR,    R/O   VILLAGE    BADAGAON
                                 MORAR,    DISTRICT   GWALIOR     (MADHYA
                                 PRADESH)

Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 22-05-2024
05:41:36 PM
                                                      2
                           2.    THE STATE OF MADHYA PRADESH THROUGH
                                 COLLECTOR, GWALIOR, DISTRICT GWALIOR
                                 (MADHYA PRADESH)

                                                                                         .....RESPONDENTS


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

Heard on I.A. No.3269/2024, an application under Order 23 Rule 3 of C.P.C. for disposal of this first appeal on the basis of compromise arrived at between the parties.

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. Hence, the aforesaid applications be allowed.

I n compliance of order dated 13/05/2024 passed by this Court, the factum of compromise has been verified by the Principal Registrar of this Court, who has recorded the statements of respondent as well as appellants and has submitted a report dated 15.05.2024 that the parties have arrived at compromise voluntarily, without any threat, inducement or coercion.

I n view of consensus arrived at between the parties and the aforesaid application which is duly supported by affidavits, I.A. No.3269/2024, is hereby allowed.

T he impugned judgment and decree passed by learned trial Court is hereby modified in terms of compromise.

The compromise decree be drawn in terms and conditions agreed between the rival parties as mentioned in the aforesaid application.

The application (I.A. No.3269/2024) shall be part of decree.

The court-fee paid by appellants be refunded back in accordance with law.

Appeal stands disposed of.

(SUNITA YADAV) JUDGE vpn