Jai Shanker And Ors vs Vinod Kumar And Anr
2021 Latest Caselaw 7416 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 177/2017

1. Jai Shanker S/o Mohan Lal Tiwari, Resident Of Tiwari Mohallha, Mandal, Tehsil Mandal, District Bhilwara

2. Smt. Kirti W/o Sanjay Badiya, Resident Of Bhandiyon Ka Mohallha, Mandal, Tehsil Mandal, District Bhilwara

3. Rakesh Kumar Birla S/o Satya Narayan Bilda, Resident Of Nai Nagri, Mandal, Tehsil Mandal, District Bhilwara

4. Smt. Nirmla W/o Sh. Anil Kumar Jhanwar, Resident Of Jhanwaro Ka Mohallha, Mandal, Teshil Mandal, District Bhilwara

----Appellants Versus

1. Vinod Kumar S/o Banshi Lal Soni

2. Jai Prakash S/o Banshi Lal Soni, Both Resident Of Mandal, Tehsil Mandal, District Bhilwara

----Respondents

For Appellant(s) : Mr. J.M. Choudhary For Respondent(s) : Mr. Rakesh Arora Mr. Naresh Singh

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

16/03/2021

An application has been filed to dispose of the appeal in light

of the compromise dated 31.03.2018 arrived at between the

parties.

It is inter alia submitted in the application that during

pendency of the appeal the parties have entered into a

compromise and, therefore, the appeal be decided in terms of the

said compromise. A copy of the compromise has been annexed as

Annex.A/1 to the application.

(2 of 2) [CFA-177/2017]

Learned counsel for the appellant prays that the Court fees

be refunded.

Learned counsel for the respondents-plaintiffs don't oppose

the application.

In view of the submissions made, the application is allowed.

The judgment and decree dated 12.01.2017 passed by

Additional District Judge No.1, Bhilwara in Civil Original Suit

No.105/2010 is set aside and the parties shall abide by the

compromise, which shall form part of the decree.

In view of the fact that parties have settled the dispute

mutually, the Court fees paid by the appellant be refunded back to

the appellant.

A certificate in this regard be issued by the registry.

(ARUN BHANSALI),J 30-Sachin/-

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