Hema Ram And Ors vs Gram Panchayat, Kalwas
2022 Latest Caselaw 1662 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 298/2017

1. Hema Ram Son Of Shri Shyoji Ram, aged 74 years,

2. Mohar Singh Son Of Shri Hema Ram, aged 42 years,

3. Krishna Kumar Son Of Shri Uma Ram, aged 39 years,

4. Ghyani Ram Son Of Shri Uma Ram, aged 37 years,

5. Daulat Ram Son Of Shri Uma Ram, aged 36 years,

6. Smt. Parmeshwari Wife Of Shri Uma Ram, aged 67 years,

All Appellant are by caste Jat and residents Of Dabdi Chhoti, Tehsil Taranagar, District Churu.

----Appellants Versus Gram Panchayat Kalwas, Tehsil Taranagar Through Its Sarpanch, Village Kalawsa, Tehsil Taranagar, District Churu.

----Respondent

For Appellant(s) : Mr.Himanshu Maheshwari, Adv.

through VC For Respondent(s) : Mr.Shailendra Gwala, Adv. through VC

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

/ Order

02/02/2022

This civil second appeal under Section 100 of the Code of

Civil Procedure has been filled against the judgment & decree dt.

14.07.2017 passed by learned Additional District Judge, Rajgarh-

camp-Taranagar in Civil Appeal Decree No.17/2012, whereby the

learned Additional District Judge confirmed the judgment & decree

dt. 16.05.2012 passed by learned Civil Judge (J.D.), Taranagar,

Distt. Churu in Civil Original Suit No.04/2006.

(2 of 2) [CSA-298/2017]

An application has been filed on behalf of the parties for

disposal of the present appeal in terms of the settlement arrived

between the parties. The parties have arrived at the following

settlement:-

1. That appellants in future shall not trespass the public way and public chowk.

2. That the respondent hereby withdraws all penalties imposed upon the appellants.

3. That residential house in question of the appellants shall remain property of the appellants; the respondent shall not dispossess the appellants from that house and the respondent will not dispute the appellant's ownership of house in future.

4. That both the parties shall bear their own cost of proceedings.

In view of the above, the Civil Second Appeal is disposed of

in terms of the settlement/compromise arrived in between the

parties. The trial court is directed to issue formal decree in terms

of the aforementioned settlement. Stay application also stands

disposed of. Application (Inward No.1/2022) is allowed

accordingly.

Record of the trial court be sent back immediately.

(MANOJ KUMAR GARG),J 81-NK/-

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