M/S Fair Mount Developers Pvt Ltd vs Smt Ram Janki And Others
2022 Latest Caselaw 7698 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil First Appeal No.257/2015
M/s Fair Mount Developers Pvt Ltd., 6 Floor Apex Mal, Lalkothi
Tonk Road, Jaipur through Authorized Signatory Mr. Rajesh
Sharma S/o Girdhari Lal Sharma
                                                                ----Appellant
                                   Versus
1. Smt Ram Janki W/o Late Shri Ramchandra, R/o Village Sirsi,
Tehsil & district Jaipur.
2. Smt. Lalli D/o Late Shri Ramchandra Ji W/o Shri Birdi Chand
Sharma, R/o 158, Vardhman Nagar-A, Opp. Saheli Restaurant,
Heerapura, Ajmer Road, Jaipur
                                             ----Respondents/Plaintiffs

3. Hanuman

4. Damodar

5. Madan Lal All sons of Late Ladu, R/o Village Sirsi, Tehsil & District Jaipur (Raj.)

6. Tejendra Kumar Garg S/o Late Madan Gopal Garg, R/o 602/7, B. Gopinath Marg, M.I. Road, Jaipur

----Respondents-Defendants

For Appellant(s) : Mr. Ram Chandra Sharma For Respondent(s) : Mr. Ajay Shukla with Mr. Raghav Sharma & Mr. Arpit Baheti

Mr. Nazish Rashid for Mr. Ram Manohar Sharma for

HON'BLE MR. JUSTICE SUDESH BANSAL Order 08/12/2022

1. The instant first appeal has been filed challenging the

judgment and decree dated 17.05.2014 passed in Civil Suit

No.228/2013 by the Court of Additional District Judge No.19,

Jaipur Metropolitan (Head Quarter Sanganer), whereby and

whereunder civil suit for declaration and permanent injunction

filed by respondents No.1 & 2-plaintiffs was decreed and the

release deed dated 22.07.2002 was declared as null and void and

(2 of 2) [CFA-257/2015]

as a consequence, subsequent sale deed dated 31.07.2002 was

also declared as null and void.

2. During course of the present first appeal, an application

No.01/2022 along with compromise deed, has been filed stating

inter alia that respondents-plaintiffs have agreed to withdraw their

suit and to sustain the release deed dated 22.07.2002 as also the

subsequent sale deed dated 31.07.2002 as lawful and valid. It has

also been stated that respondents-plaintiffs have received

Rs.10,00,000/- through cheques. On the compromise deed,

respondents No.1 & 2-plaintiffs have put their thumb impression

and signatures.

3. Counsel for appellant states that in view of such compromise

deed, the first appeal may be allowed and impugned decree dated

17.05.2014 be quashed and set aside.

4. Counsel appearing on behalf of respondents No.1 & 2-

plaintiffs have no objection.

5. The compromise has been attested by the Registrar (Judicial)

in compliance of order dated 01.12.2022 passed by this Court.

6. Taking into consideration the contention of counsel for both

parties, the compromise is taken on record. Application stands

allowed.

7. The first appeal is disposed of in terms of compromise. The

compromise deed dated 10.11.2022 shall form part of this order.

8. As a result, the impugned judgment and decree dated

17.05.2014 is set aside. Decree be framed accordingly.

9. All pending application(s), if any, stand(s) disposed of.

(SUDESH BANSAL),J

SAURABH/104

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