Rajasthan High Court - Jodhpur
Kailashchandra vs Shri Kishan (2025:Rj-Jd:6658) on 3 February, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:6658]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 500/2024
Kailashchandra S/o Kishan, Aged About 64 Years, R/o Chhoti
Sadari, Tehsil Chhoti Sadari, District Pratapgarh,raj.
----Appellant
Versus
1. Shri Kishan S/o Genda Lal, R/o Chhoti Sadari, Tehsil
Chhoti Sadari, District Pratapgarh,raj. (Name deleted by
Trial Court on 06.05.2019 as having died)
2. Suresh Chandra S/o Kishan, R/o Chhoti Sadari, Tehsil
Chhoti Sadari, District Pratapgarh,raj.
3. Mahesh Kumar S/o Kishan, R/o Chhoti Sadari, Tehsil
Chhoti Sadari, District Pratapgarh,raj.
4. Basant Kumar S/o Kishan, R/o Chhoti Sadari, Tehsil
Chhoti Sadari, District Pratapgarh,raj.
5. Hemant Kumar, R/o Chhoti Sadari, Tehsil Chhoti Sadari,
District Pratapgarh,raj. At Present Mukam S-3,
Ramesawar Apratment, Gufa Mandir Road, Lal Ghati,
Nayapura, Bhopal, Mp
6. Smt Vidhya D/o Kishan, W/o Shri Rameswar R/o Chhoti
Sadari, Tehsil Chhoti Sadari, District Pratapgarh,raj.
7. Smt Sharda Bai D/o Kishan, W/o Jagdish Chandra R/o
Chhoti Sadari, Tehsil Chhoti Sadari, District
Pratapgarh,raj.
8. Smt Saraswati Bai D/o Shri Durga Lal, W/o Shri
Kanhiyalal R/o Choti Sadri At Present Mukam Jalodiya
Kelukheda, Tehsil Choti Sadri, Dist. Pratapgarh,raj.
9. Smt Prem Bai D/o Durga Lal, W/o Jagdish Chandra R/o
Choti Sadri At Present Mukam Jalodiya Kelukheda, Tehsil
Choti Sadri, Dist. Pratapgarh,raj.
10. Smt Vidhya Bai D/o Durga Lal, W/o Shri Bherulal R/o
Choti Sadri At Present Mukam Chandoli Tehsil Choti Sadri,
Dist. Pratapgarh,raj.
11. Smt Ganga Bai D/o Durga Lal, W/o Shri Ghanshyam R/o
Choti Sadri At Present Mukam Narani Tehsil Choti Sadri,
Dist. Pratapgarh,raj.
12. Smt Santosh Bai D/o Durga Lal, W/o Shyamsunder R/o
Choti Sadri At Present Mukam Mochibada, Mahadev
Mandir Ke Paas, Banswara, Dist. Banswara,raj.
13. State Of Rajasthan-State, Through Tehsildar Chhoti
Sadari District Pratapgarh
----Respondents
For Appellant(s) : Mr. L.K. Purohit
For Respondent(s) : Mr. Shambhoo Singh
HON'BLE MS. JUSTICE REKHA BORANA
Order
03/02/2025
1. The present regular first appeal has been filed against the
judgment and decree dated 02.07.2024 passed by the Family
[2025:RJ-JD:6658] (2 of 2) [CFA-500/2024]
Court, Pratapgarh in Civil Original Suit No.117/2017 (CNR
No.RJPGOC-000710-2017) whereby the suit for partition as
preferred by the plaintiff was dismissed but he was held entitled to
the share received by him vide the family settlement.
2. An application has jointly been filed on behalf of the plaintiff
and respondent Nos.2 to 4 with a submission that the said parties
have entered into a compromise and the present appeal be
allowed as per the said compromise. It has further been prayed
that the suit and the appeal against the remaining defendants i.e.
defendant Nos.5 to 13 be dismissed as withdrawn.
3. Vide order dated 24.01.2025, the Deputy Registrar (Judicial)
of this Court was directed to verify the signatures on the
compromise application. In pursuance to the said order, the
compromise and the signatures of the parties to the compromise
have been verified by the Deputy Registrar (Judicial) on
24.01.2025.
4. In view of the above facts, the present appeal is
disposed of in terms of the compromise dated 12.11.2024 as
entered into/executed between the plaintiff and respondent Nos.2
to 4. The compromise dated 12.11.2024 shall form a part of the
decree. The suit as well as the appeal is dismissed as withdrawn
against respondent Nos.5 to 13.
5. Let the decree be drawn accordingly.
6. Stay petition and all pending applications, if any, also stand
disposed of.
(REKHA BORANA),J
127/C-6-T.Singh
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