Smt Gangadei And Others vs Kalyan And Others
2021 Latest Caselaw 1022 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 307/2016

1.     Smt.   Gangadei        D/o      Kalyan,       Village     Wajirpur,   Tehsil
       Wajirpur, Distt. Sawai Madhopur
2.     Smt. Shanti D/o Kalyan W/o Girraj, Hajaria Ki Kothi,
       Hindaun City, Tehsil Hindauncity, Distt. Karauli
3.     Smt. Uganti D/o Kalyan, W/o Ramesh Mali, R/o Hajaria Ki
       Kothi, Hindauncity, Distt. Karauli
4.     Prahlad S/o Kalyan, Wajirpur
5.     Khemchand S/o Kalyan, , Wajirpur
                                                       ----Appellants-Plaintiffs
                                    Versus
1.     Smt. Kamlesh W/o Bhanwarlal,R/o Magzine Karauli, Distt.
       Karauli
2.     Sub Registrar/tehsildar, Wajirpur
3.     State Of Rajasthan Through District Collector, Sawai
       Madhopur
                                                ----Respondents-Defendants

For Appellant(s) : Mr. D.K.Dixit, Adv. For Respondent(s) : Mr. Rajneesh Gupta, Adv.

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

01/02/2021

The matter comes up for orders on an application (IA

No. 1/2020) filed by the appellants praying therein that the first

appeal preferred by the appellants-plaintiffs may be allowed while

setting aside the judgment and decree dated 07.04.2016 and the

appeal may be decided in the light of compromise dated

02.11.2020 (Annexure-A/1). In view of compromise arrived in

(2 of 2) [CFA-307/2016]

between the parties, the impugned judgment and decree dated

07.04.2016 deserves to be modified and the suit for cancellation

of registered sale deed deserves to be decreed.

Learned counsel for the appellants submits that

appellant No.4 Prahlad is present in the Court and for other

remaining appellants he is authorised to sign the compromise on

their behalf. Respondent No.1-Smt. Kamlesh is also present in the

Court.

The Registrar (Judicial) is directed to verify the contents

of the compromise.

After verifying and attesting the averments made in the

compromise by the Registrar (Judicial) of this Court, the matter

was placed before this Court. In view of the compromise dated

02.11.2020 (Annexure-A/1) with the application, the impugned

judgment and decree dated 07.04.2016 passed by the Court of

Additional District and Sessions Judge, Gangapur City is quashed

and set aside and the impugned judgment and decree dated

07.04.2016 passed by the concerned Court is modified in terms of

the aforesaid compromise. The appeal stands closed accordingly.

(GOVERDHAN BARDHAR),J

Ritu/25

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