Bhagwan Sahai vs Smt Birdi Devi
2021 Latest Caselaw 1219 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 212/2018

Bhagwam Sahai S/o Nahanu, aged 56 years, R/o Village
Hingonia, Teh. Bassi, Distt. Jaipur Raj.


1/1. Smt. Kamla Devi W/o late Shri Bhagwan Sahai aged about
50 years.
1/2. Kalyan Sahai S/o Late Shri Bhagwan Sahai, aged about 35
years.
1/3. Govind S/o Late Shri Bhagwan Sahai, aged about 22 years.
1/4. Smt. Sita D/o Late Shri Bhagwan Sahai, W/o Shri
Dharamveer, aged about 37 yeras,
1/5. Smt. Beena D/o Late Shri Bhagwan Sahai W/o Shri
Mahendra, aged about 25 years.


All residents of Village Hingonia, Tehsil Bassi, District Jaipur
(Raj.)


                                                       ----Appellant-Defendant
                                     Versus
Smt. Birdi Devi W/o Shri Jagdish, aged 60 years, R/o 1199,
Uniaron Ka Rasta, Manpura House, Chandpole Bazaar, Jaipur Raj.
                                                        ----Respondent-Plaintiff

For Appellant(s) : Mr. R.K. Daga with Mr. Rahul Singh Chauhan For Respondent(s) : Mr. Gaurav Sharma

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

04/02/2021

I.A. No.1/2019

Application (I.A. No.1 dated 30.8.2019) has been filed

under Order 22 Rule 2 CPC to bring on record legal

(2 of 3) [CFA-212/2018]

representatives of the appellant - Bhagwan Sahai, who died on

29.5.2019.

For the reasons mentioned in the application, the

application is allowed. Legal representatives of the deceased

appellant - Bhagwan Sahai as mentioned in the application are

taken on record.

Amended cause title filed with the application be taken

on record.

I.A. No.1/2021

Matter comes up for orders on an application (I.A.

No.1/2021) filed on behalf of the both the parties under Order 23

Rule 3 read with Section 151 CPC.

Learned counsel for the both the parties jointly submit

that the parties have entered into a compromise and they have

mutually agreed to terminate the agreement to sale dated

26.9.2005 in terms of compromise dated 4.2.2021 (filed with the

application). In the application filed on behalf of both the parties it

is submitted that appellant-defendant has paid the entire amount

to the respondent-plaintiff and further agreed to withdraw the

suit/proceedings. It is also agreed by the parties that the

possession of the land will remain to the appellant/defendant and

legal representative of Bhagwan Sahai will remain owner of the

property in question and the respondent - plaintiff shall not claim

any right in the property in question on the basis of the

agreement dated 26.9.2005.

The Registrar (Judicial) is directed to verify the contents

of the aforesaid compromise.

(3 of 3) [CFA-212/2018]

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 above, the application (I.A. No.1 dated

19.1.2021) is allowed. Compromise dated 4.2.2021 filed with the

application is taken on record.

In view of the compromise dated 4.2.2021 filed with

the application, the Civil Regular First Appeal is allowed. Judgment

and decree passed by the learned trial Court dated 1.2.2018 is

quashed and set aside and the suit filed by the plaintiff-

respondent bearing No.124/2008 NCV No.2260/2014 is dismissed.

(GOVERDHAN BARDHAR),J

Dheeraj/24

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