Ashok Kumar vs Ramswaroop
2024 Latest Caselaw 15457 MP

Madhya Pradesh High Court

Ashok Kumar vs Ramswaroop on 22 May, 2024

                           1
 IN    THE    HIGH COURT OF MADHYA PRADESH
                   AT JABALPUR
                        BEFORE
       HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
                  ON THE 22 nd OF MAY, 2024
                SECOND APPEAL No. 476 of 2005

BETWEEN:-
ASHOK KUMAR, S/O RAMAKANT RAHAMN, AGED
ABOUT 36 YEARS, R/O VILLAGE AND POST, HARDUA
KALA, TEHSIL NAGOD, DISTRICT SATNA. (MADHYA
PRADESH)

                                                .....APPELLANT
(BY SHRI DEVENDRA SINGH - ADVOCATE )

AND
1.    RAMSWAROOP (DEAD)

1(A). RAMKALI W/O SHRI RAMSWAROOP, AGED
      ABOUT 52 YEARS, OCCUPATION: NOT MENTION
      VILLAGE POST HARDUA KALA TEHSIL NAGOD
      (MADHYA PRADESH)

1(B). ARUN S/O LATE SHRI RAMSWAROOP, AGED
      ABOUT 35 YEARS, OCCUPATION: NOT MENTION
      VILLAGE POST HARDUA KALA TEHSIL NAGOD
      (MADHYA PRADESH)

1(C). PRAVEEN S/O LATE SHRI RAMSWAROOP, AGED
      ABOUT 30 YEARS, OCCUPATION: NOT MENTION
      VILLAGE POST HARDUA KALA TEHSIL NAGOD
      (MADHYA PRADESH)

1(D). ARJUN S/O LATE SHRI RAMSWAROOP, AGED
      ABOUT 26 YEARS, OCCUPATION: NOT MENTION
      VILLAGE POST HARDUA KALA TEHSIL NAGOD
      (MADHYA PRADESH)

1(E). GUDIYA D/O LATE SHRI RAMSWAROOP, AGED
      ABOUT 21 YEARS, OCCUPATION: NOT MENTION
      VILLAGE POST HARDUA KALA TEHSIL NAGOD
      (MADHYA PRADESH)
                                    2
                                                               .....RESPONDENTS
(BY SHRI ARUN KUMAR SINGH - ADVOCATE)

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

Heard on I.A. No. 2645/2024 an application under O. 23 R. 3 of CPC for compromise.

2. Prayer in this IA is that this compromise application may be allowed and directing the concerned Tehsildar to divide the suit property in equal share between the parties. Disputed property is khasra No. 436 area 3 Bigha 3 Biswa situated at village Hardua Kala Tehsil Nagod District Satna.

3. As per orders dated 01.04.2024 and 03.05.2024, Registrar (J-II) has submitted report with regard to verification of factum of compromise in terms of IA No.2645/2024 filed under O. 23 R. 3 of CPC.

4. On perusal of report, it is apparent that parties were present and they have been identified on the basis of Adhar Card and also by their counsels. Parties have entered into compromise with their own will and without any pressure or fear.

5. Accordingly, aforesaid IA is allowed.

6. The judgment and decree passed by courts below are hereby set aside in view of the compromise entered into between the parties.

7. Registry is directed to draw a decree in terms of compromise as mentioned in the aforesaid IA No.2645/2024, which will be the part of the decree. Parties shall bear their own costs.

8. Accordingly, this second appeal stands disposed off.

(BINOD KUMAR DWIVEDI) JUDGE

L.R.