Gopal vs Shyobaksh
2021 Latest Caselaw 866 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                   S.B. Civil First Appeal No. 382/2007

Gopal S/o Sh. Ghasiram Pilloda, age about 42 years, R/o Village
Chithwadi, Teh. Chomu, Distt. Jaipur
                                                                     ----Appellant
                                       Versus
1. Shyobaksh S/o Bheru,R/o Village Chithwari, Teh. Chomu,
Distt. Jaipur.
                                                        ----Respondent-Plaintiff

2. Ramu S/o Nanu

3. Ruda S/o Bhura Both R/o Radawas, Teh. Shahpura, Distt. Jaipur

--Respondent-

Defendants

Connected With S.B. Cross Objection (Civil) No. 42/2007 Gopal S/o Sh. Ghasiram Pilloda, age about 42 years, R/o Village Chithwadi, Teh. Chomu, Distt. Jaipur

----Appellant Versus

1. Shyobaksh S/o Bheru,R/o Village Chithwari, Teh. Chomu, Distt. Jaipur.

----Respondent-Plaintiff

2. Ramu S/o Nanu

3. Ruda S/o Bhura Both R/o Radawas, Teh. Shahpura, Distt. Jaipur

--Respondent-

Defendants

----Respondent

For Appellant(s) : Mr. Sudesh Bansal Ms. Arti Goyal Mr. Asad Ali For Respondent(s) : Mr. Ashwani Chobisa Mr. Veerendra Kumar Jakhar

HON'BLE MR. JUSTICE INDERJEET SINGH Order

(2 of 2) [CFA-382/2007]

28/01/2021

Heard on application for deciding the appeal and for

modification of the decree under appeal as per the compromise

arrived among the parties.

Counsel for the parties jointly submitted that the parties

have settled their dispute by way of compromise. The terms of

compromise mentioned in para no. 2 of the application read as

under:-

"That during the course of the appeal contesting parties have arrived to a compromise and therefore parties to the compromise have prayed to modify the Judgment and decree dated 26.05.2007 passed by the Additional District and Sessions Judge no. 2 jaipur district Jaipur in the following terms:- i. That the appellant i.e. defendant no.3 Gopal shall execute a registered sale deed in favour of the respondent/plaintiff's son Mangalchand admitting the earlier sale deed dated 25.02.2005 executed in favour of the appellant. The appellant will accept the consideration of sale deed which was paid to the defendant no.1 and 2. The sale deed will be executed within one month. ii. That land Khasra No.325 measuring 0.24 hectare is standing in the name of Plaintiff's grand son Mukesh Kumar Daga out of the said Khasra no. 325, 0.04 hectare (4 aer) of Land shall be transferred in favour of the Appellant. i.e. Gopal by plaintiff's Grand Son Mukesh Kumar Dagar. Mr. Mukesh Kumar has also filed the Affidavit with application agreeing to the Compromise terms. The sale deed/exchange deed of the same will be executed within one month, simultaniously.

iii. That parties shall bear their own cost."

In that view of the matter, the application is allowed. The

appeal as well as cross objection stand disposed of in view of the

compromise entered between the parties.

Decree be modified accordingly.

(INDERJEET SINGH),J

CHARU SONI /150-151

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