Citation : 2026 Latest Caselaw 7102 Raj
Judgement Date : 30 April, 2026
[2026:RJ-JD:20537]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 3/2024
1. Smt. Pooja W/o Shri Vijay Kumar, Aged About 55 Years,
R/o Plot No. 600-B, Sardarpura, 10th B Road, Chopasani
Road, Jodhpur. At Present R/o Plot No. 177 Gali No. 4
Shyam Nagar, Pal Link Road, Jodhpur (Raj)
2. Vijay Kumar S/o Shri Mohandas, Aged About 57 Years,
R/o Plot No. 600-B, Sardarpura, 10th B Road, Chopasani
Road, Jodhpur. At Present R/o Plot No. 177 Gali No. 4
Shyam Nagar, Pal Link Road, Jodhpur (Raj)
----Appellants
Versus
Smt. Neeta W/o Shri Purshottam, R/o Plot No. 600-B,
Sardarpura, 10th B Road, Chopasani Road, Jodhpur. At Present
R/o Plot No. 172-173 Gali No. 4 Shyam Nagar, Pal Link Road,
Jodhpur (Raj)
----Respondent
For Appellant(s) : Mr. Danish Sherani, through V.C. on
behalf of Mr. Haider Agha (for
Appellants Smt. Pooja & Vijay Kumar)
For Respondent(s) : Mr. Kapil Purohit, through V.C. for
Respondent Smt. Neeta
Mr. Purushottam, husband of
respondent present in person
HON'BLE MS. JUSTICE REKHA BORANA
Order
30/04/2026
1. The present Regular First Appeal has been filed against
judgment & decree dated 16.10.2023 passed by Additional District
Judge No.7, Jodhpur Metropolitan in Civil Original Case No.
62/2020 whereby the suit for partition, mesne profit and
permanent injunction as filed on behalf of the plaintiff, stood
decreed.
2. Vide interim order dated 04.01.2024, the decree to the
extent of mesne profit was stayed.
(Uploaded on 02/05/2026 at 11:15:35 AM)
[2026:RJ-JD:20537] (2 of 2) [CFA-3/2024]
3. An application on behalf of the appellants has been filed with
an averment that the parties have entered into a compromise and
hence, the present appeal be disposed of in terms of the said
compromise. Compromise deed dated 20.03.2026 has been
annexed alongwith the application.
4. Vide order dated 29.04.2026, Registrar (Judicial) of this
Court was directed to conduct a verification of the parties to the
compromise as well as contents of the said compromise. In
pursuance to the same, verification report dated 29.04.2026 has
been submitted.
5. In view of the submissions made, the present Regular First
Appeal is disposed of in terms of the compromise/settlement as
entered into between the parties vide compromise deed dated
20.03.2026. Compromise deed dated 20.03.2026 shall form a part
of the decree.
6. Let the decree be drawn accordingly.
7. At this stage, Counsel for the appellant made a request for
refund of the court fee as the appeal has been disposed of vide a
compromise. The request seems to be genuine.
8. The Court therefore, deems it proper to direct for refund of
50% of the court fee, as paid by the appellant on the present
appeal. The certificate in this regard be issued by the Registry to
learned counsel for the appellants.
9. Stay application and all pending applications stand disposed
of.
(REKHA BORANA),J 3-Mak/-
(Uploaded on 02/05/2026 at 11:15:35 AM)
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