Smt.Usha Kumari vs Mahaveer Prasad ...
2023 Latest Caselaw 7256 Raj

[2023:RJ-JD:29823]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 478/2008

Smt.usha Kumari W/o sh. Ganpat Singh Sinhal resident of 140, Main Sector, Shastri Nagar, Bhilwara

----Appellant Versus Mahaveer Prasad S/o sh. Kesari Mal Jhanwar, resident of Takniki Colony, Pathik Nagar, Bhilwara

----Respondent

For Appellant(s) : Mr. Yash Sharma For Respondent(s) : Mr. Rajesh Parihar

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

14/09/2023

The present civil first appeal under Section 96 of the CPC has

been preferred by the appellant-defendant against the judgment

and decree dated 10.7.2008 passed by the learned Addl. District &

Sessions Judge (Fast Track) No.1, Bhilwara in Civil Original Suit

No.97/2007 whereby the learned trial court decreed the suit for

specific performance of contract filed by the respondent-plaintiff.

Learned counsel for both the parties submits that the lis

between the parties have been settled amicably and a settlement

agreement has been arrived at between them on 13.9.2023 and

therefore, the present appeal may be disposed of in view of the

settlement arrived at between the parties.

However, the learned counsel for the appellant submits that

the original title documents are in the record of the learned trial

court, which may be handed over to the appellant, to which,

learned counsel appearing for the respondent has no objection.

[2023:RJ-JD:29823] (2 of 2) [CFA-478/2008]

Heard the learned counsel for the parties and perused the

settlement agreement produced on record by the learned counsel

for the parties.

The present civil first appeal is therefore, disposed of in

terms of the settlement agreement.

The learned trial court is directed that while keeping the

certified copies of the original title documents of the suit property

on record, hand over the original title documents of the suit

property to the appellant forthwith.

A copy of this order be sent to the learned trial court either

through FAX or Email.

(MADAN GOPAL VYAS),J 296-CPGoyal/-

Powered by TCPDF (www.tcpdf.org)