Rajasthan High Court
Anant Ram vs Kanah Bihari on 1 August, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 448/2002
Anant Ram Arya S/o Shri Manohar Lal Arya, age 72 years, R/o
Chomukha Mahadev, Bharatpur
----Appellant
Versus
Kanah Bihari Lal (Deceased) Through His Legal Representatives-
1/1. Yogendra Kumar @ Yogi, son of late Kanha Bihari Lal, resident of
infront of Madhuban Hotel, Kothi No.9-A, Radha Nagar, Mathura, (U.P.)
1/2. Dheeraj Kumar Agarwal son of late Kanha Bihari Lal, resident of
infront of Kothi No.2145/1, Dempier Nagar, Mathura (UP)
1/3. Suresh Chand Agarwal son of late Sh Kahna Bihari Lal, resident
of C/o Shri Yogendra Kumar Agarwal, infront of Madhuban Hotel, Kothi
No.9-A, Radha Nagar, Mathura (UP)
1/4.Sh. Brajendra Kumar Agrawal son of late Sh Kahna Bihari Lal,
resident of C/o Shri Yogendra Kumar Agarwal, infront of Madhuban
Hotel, Kothi No.9-A, Radha Nagar, Mathura (UP)
1/5. Sh. Narendra Agrawal son of late Sh Kahna Bihari Lal, resident of
C/o Shri Yogendra Kumar Agarwal, infront of Madhuban Hotel, Kothi
No.9-A, Radha Nagar, Mathura (UP)
1/6. Sh. Ranchoddas Agrawal son of late Sh Kahna Bihari Lal, resident
of C/o Shri Yogendra Kumar Agarwal, infront of Madhuban Hotel, Kothi
No.9-A, Radha Nagar, Mathura (UP)
1/7. Sh. Shelendra Agrawal son of late Sh Kahna Bihari Lal, resident
of C/o Shri Yogendra Kumar Agarwal, infront of Madhuban Hotel, Kothi
No.9-A, Radha Nagar, Mathura (UP)
----Respondent
For Appellant(s) : Mr. M.M. Ranjan Sr. Adv. with
Mr. Lokesh Tiwari
For Respondent(s) : Mr. Nikhil Yadav
Mr. Abhi Goyal
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
01/08/2022
Appellant-plaintiff instituted a civil suit seeking rectification
in the sale deed dated 2.11.1995 made and executed by
respondents-defendants in his favour but the civil suit has been
dismissed vide judgment dated 15.11.2002 passed by Additional
District Judge No.2, Bharatpur in suit No.105/2002, against which
the present first appeal has been preferred.
(2 of 2) [CFA-448/2002]
An application under Order 23 Rule 1 CPC has been filed
along with compromise deed and it has been prayed that
compromise along with appended map be taken on record and
first appeal be disposed of in terms of compromise.
Counsel for both parties jointly submits that both parties
have entered into written compromise and have signed the
compromise whereby and whereunder both parties have agreed to
rectify the sale deed dated 2.11.1995. Thus, both counsel have
jointly submits that present first appeal be disposed of in terms of
compromise.
Heard counsel for both parties.
Without expressing any opinion on merits, on joint request of
counsel for both parties, the application filed under Order 23 Rule
1 CPC is allowed. The compromise along with appended map is
taken on record.
Accordingly the first appeal is disposed of in terms of
compromise deed. The compromise deed with map shall be
treated as part of this order.
In view of above, applications (30774/2019 & 1/2021) stand
disposed of.
(SUDESH BANSAL),J
NITIN /44
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