Rajasthan High Court
Hari Ram Bhatia S/O Shri Jeewat Ram ... vs Smt. Anita W/O Shri Sanwal Das on 1 November, 2022
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 263/2019
In
S.B. Civil First Appeal No. 387/2010
1. Hari Ram Bhatia S/o Shri Jeewat Ram Bhatia, Aged About
63 Years,
2. Smt Ishwari Devi W/o Shri Hari Ram Bhatia, Aged About
59 Years,
Both R/o House No. 3/948-950, Malviya Nagar, Jaipur
(Rajasthan)
----Defendants - Appellants
Versus
1. Smt. Anita W/o Shri Sanwal Das, R/o House No. 2/93,
Malviya Nagar, Jaipur
....Plaintiff / Respondent
2. Vijay Kumar S/o Shri Gopal Das Sindhi, R/o House No.
11/241, Malviya Nagar, Jaipur
----Defendant / Proforma Respondent
With
S.B. Civil First Appeal No. 753/2020
Smt. Anita W/o Shri Sanwar Das, aged about 50 years, Resident
of 174, Sindhi Colony, Rajapark, Jaipur (Raj.)
....Defendant no.1-Appellant
Versus
1. Hariram Bhatia S/o late Shri Jeewat Ram Bhatia, Resident
of House No. 949-950, Malviya Nagar, Jaipur (Raj.)
....Plaintiff-Respondent
2. Secretary, Rajasthan Housing Board, Near Vidhan Sabha,
Jaipur (Raj.)
3. Dy. Housing Commissioner, Circle-III, Rajasthan Housing
Board, Near Jawahar Circle, Malviya Nagar, Jaipur (Raj.)
....Defendant no.2 and 3 - Proforma Respondents
For Applicant : Mr. Mohd. Adil, Advocate
(2 of 3) [CMAP-263/2019]
For Appellant : Mr. R.K. Daga, Advocate
For Rajasthan : Mr. Ajay Shukla, Advocate
Housing Board
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
01/11/2022
The appellant-defendant no.2 Smt. Ishwari Devi @
Neetu Bhatia alongwith her son Manish Bhatia as also the
respondent-plaintiff Anita are present in person today in the
Court. They have submitted a compromise duly signed by the
parties, which is ordered to be taken on record. Both the parties
were directed to appear before the Registrar (Judl.) of this Court
and who in turn was directed to attest the compromise. Pursuant
thereto, the Registrar (Judl.) of this Court has attested the
compromise and returned the file back to this Court. Both the
parties put their signatures at the backside of the compromise and
they were identified by their respective advocates.
Learned counsel for the parties jointly submit that
pursuant to the order dated 19.10.2022 passed by this Court,
registered sale deed of plot in question has been executed in
favour of Manish Bhatia S/o defendant no.2 on 20.10.2022 and
revalidated Demand Draft has also been deposited with the
registry of this Court. They further submit that since both the
parties have entered into a compromise, therefore, the application
no. 263/2019 filed by Hari Ram Bhatia and Smt. Ishwari Devi as
also the S.B. Civil First Appeal No. 753/2020 filed by Smt. Anita be
disposed of accordingly.
(3 of 3) [CMAP-263/2019]
Learned counsel for both the parties also submit that
original sale deed and other original papers of the plot in question
submitted by Smt. Anita Devi with the registry of this Court be
handed over to Hari Ram Bhati and / or Ishwari Devi W/o Hari
Ram Bhatia and the revalidated Demand Draft deposited by Smt.
Ishwari Devi be handed over to Smt. Anita Devi and the amount of
mesne profit deposited by the Hari Ram Bhatia and / or Smt.
Ishwari Devi in the trial court be refunded back to Hari Ram Bhatia
and / or Smt. Ishwari Devi.
Learned counsel for the defendants-appellants also pray
that the Rajasthan Housing Board be also directed to issue a patta
of the plot in question in favour of Manish Bhatia S/o Hari Ram
Bhatia as per compromise and to regularize the same, to which
Mr. Ajay Shuka, learned counsel for the Housing Board has no
objection.
Order accordingly.
The application No. 263/2019 as also S.B. Civil First
Appeal No. 753/2020 stand disposed of. The compromise be
treated as an integral part of this order.
In view of the compromise, the judgment and decree
dated 11.10.2019 passed by the Trial Court are set-aside. Decree
be drawn accordingly.
(PRAKASH GUPTA),J
DK/15
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