Devdutt Sharma vs Omprakash Sharma
2022 Latest Caselaw 7468 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil First Appeal No.515/2007

Devdutt Sharma son of Late Shri Moolchand Sharma, resident of
665/28, Plot No.9, Angera Nagar, Ajmer.
                                                     ----Appellant/Plaintiff
                                    Versus
1. Om Prakash Sharma, son of Late Shri Moolchand Sharma,
resident of 665/28, Plot No.9, Angera Nagar, Ajmer.
2. Smt. Asha Devi Sharma wife of Late Shri Rajesh Sharma,
resident of 665/28, Plot No.9, Angera Nagar, Ajmer.
3. Kumari Rekha daughter of Late Shri Rajesh Sharma, minor
aged 14 year, resident of 665/28, Plot No.9, Angera Nagar,
Ajmer through her mother and natural guardian Smt. Asha Devi
Sharma wife of Late Shri Rajesh Sharma, resident of 665/28,
Plot No.9, Angera Nagar, Ajmer.
4. Karan son of Late Shri Rajesh Sharma, minor aged 8 year,
resident of 665/28, Plot No.9, Angera Nagar, Ajmer, through her
mother and natural guardian Smt. Asha Devi Sharma wife of
Late Shri Rajesh Sharma, resident of 665/28, Plot No.9, Angera
Nagar, Ajmer.
                                            ----Respondent/Defendants

For Appellant(s) : Mr. Harshad Kapoor For Respondent(s) : Mr. Ramesh Bairwa for Mr. Sunil Samdaria Mr. Manoj Kumar Yadav for Mr. S S Ola

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

24/11/2022

1. This first appeal has been filed by appellant-plaintiff assailing

the judgment and decree dated 05.05.2007 passed in Civil Suit

No.53/2005 by the Court of Additional District Judge No.2, Ajmer

whereby and whereunder plaintiff's suit for partition and

permanent injunction has been dismissed.

(2 of 2) [CFA-515/2007]

2. Learned counsel for both parties jointly submits that during

course of first appeal, parties have entered into compromise and

terms and conditions have been reduced in writing in the

compromise deed dated 19.06.2021.

3. As per compromise, both parties have agreed to sell the suit

property and to get their respective share out of proceeds. The

original compromise deed dated 19.06.2021 has been placed on

record.

4. Having considered the contention of counsel for both parties,

the compromise deed dated 19.06.2021 is taken on record.

5. Accordingly, the first appeal stands disposed of in terms of

compromise deed dated 19.06.2021 and compromise deed dated

19.06.2021 shall form part of this order.

6. Decree be framed accordingly.

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

(SUDESH BANSAL),J

SAURABH/84

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