Kailash Kanojia vs Jitendra Mohan Harit
2023 Latest Caselaw 1323 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 118/2012

Kailash Kanojia S/o Shri Makku Kanojia, B-2, Shanti Nagar,
Ajmer Road, Jaipur
                                                                  ----Appellant
                                   Versus
Jitendra Mohan Harit S/o Late Shri Ram Chandra Ji Harit, B-2,
Tarun Kuteer, Shanti Nagar, Ajmer Road, Jaipur
                                                                ----Respondent

For Appellant(s) : Mr. Jitendra Mishra, Adv. For Respondent(s) : Mr. Prahlad Sharma, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

01/02/2023

Matter comes up on a joint application (I.A. No.1/2023)

for disposal of the appeal on the basis of the compromise.

Learned counsel for both the parties jointly submit that

during the pendency of the appeal, a compromise has been

arrived between the parties and it has been agreed that the

appellant shall vacate the property in question on or before

31.03.2023 and he will handover the vacant and peaceful

possession of same to the respondent. It has also been agreed

that the appellant will not create any third party right in the

property in question in any manner and will not make further

alteration or modification or any kind of construction in the

property in question. Similarly the respondent has also agreed to

relinquish the amount of Rs.2,79,000/-. Respondent has also

(2 of 2) [CFA-118/2012]

agreed that he will not claim the mesne profit from the appellant

from January 2023 to March 2023.

Learned counsel for the parties jointly submit for

disposal of appeal on the basis of compromise.

Application is allowed for the reasons stated therein,

and the present appeal stands disposed of in the light of the

compromise arrived at between the parties. The judgment &

decree dated 19.12.2011 passed by the trial Court stands

modified as indicated above. Decree be drawn accordingly.

Consequent upon disposal of the first appeal, stay

application also stands disposed of.

However, if the appellant fails to comply with

compromise and/or breaches the terms and conditions of the

compromise, respondent shall be at liberty to file contempt

petition against the appellant before this Court.

(NARENDRA SINGH DHADDHA),J

Gourav/80

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