Smt.Mena Begum vs Lrs Shafi Mohd. ...
2023 Latest Caselaw 6869 Raj

[2023:RJ-JD:28234]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil First Appeal No. 65/1989

Smt.mena Begum
                                                                      ----Appellant
                                       Versus
Lrs Shafi Mohd.
                                                                    ----Respondent


For Appellant(s)              :    Mr. Akshay Nagori
For Respondent(s)             :    Mr. OP Mehta



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                        Order

05/09/2023

1.    An application (inward no.02/2022) under Order 22 Rule

4(4) & 11 read with Section 151 CPC for exempting from the

necessity of substituting the legal representatives of deceased

respondent no.2 and 3 is allowed.

2.    Learned counsel for the parties jointly submit that both the

parties have entered into a compromise and in light of such

compromise, the decree may be set aside, as it has become

infructuous. They further submit that the parties shall abide by the

other terms and conditions of the said compromise.

3.    In light of such submission, the present civil first appeal is

allowed and while quashing and setting aside the judgment and

decree dated 01.12.1988 passed by learned Additional District

Judge No.1, Jodhpur in Case No.45/1981, it is directed that both

the parties shall abide by the terms and conditions of the

compromise as already agreed between the parties. The original




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                                    [2023:RJ-JD:28234]                   (2 of 2)                    [CFA-65/1989]



                                   documents be returned back to the respective parties in terms of

                                   the compromise.

                                   4.    All pending applications also stand disposed of.



                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

306-Sudheer/-

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