[2024:RJ-JP:32587]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 323/2019
1. Jodhraj S/o Shri Dungar Singh, Aged About 61 Years, R/o
Village-Dand, Darbano Ki Haveli, Teshil Amer, District Jaipur
(Deceased During Pendency of Suit)
1/1. Smt. Kailashi Alias Kailashwati W/o Late Shri Jodhraj Meena,
Aged About 68 Years, R/o Village, Dand, Darbano Ki Haveli,
Tehsil Amer District Jaipur
1/2. Smt. Usha Devi W/o Shri Hari Shankar D/o Late Shri Jodhraj
Meena, Aged About 54 Years, R/o Pratap Nagar, Sanganer
1/3. Surendra Mandiya S/o Late Shri Jodhraj Meena, Aged About 47
Years, R/o Bank Of Baroda, Main Branch Dausa, District Dausa
(Death)
1/3/1 Smt. Seema Meena W/o Late Shri Surendra Mandiya, R/o
. Village Dand, Darbano Ki Haveli, Tehsil Amer, District Jaipur
1/3/2 Yash Mandiya S/o Late Shri Surendra Mandiya, Through His
. Natural Guardian Mother Smt. Seema Meena R/o Village Dand,
Darbano Ki Haveli, Tehsil Amer, District Jaipur
1/3/3 Simran Mandiya D/o Late Shri Surendra Mandiya, Through His
. Natural Guardian Mother Smt. Seema Meena R/o Village Dand,
Darbano Ki Haveli, Tehsil Amer, District Jaipur
1/3/4 Sahjan Mandiya D/o Late Shri Surendra Mandiya, Through His
. Natural Guardian Mother Smt. Seema Meena R/o Village Dand,
Darbano Ki Haveli, Tehsil Amer, District Jaipur
1/4. Smt. Santosh W/o Shri Ram Ratan Meena D/o Late Shri
Jodhraj Meena, Aged About 50 Years, R/o Jagatpura, Malviya
Nagar,jaipur
1/5. Smt. Chandrakanta W/o Shri Prabhuram Meena D/o Late Shri
Jodhraj Meena, Aged About 47 Years, R/o Village Pradhanji Ki
Nangal, Bassi, Dausa
1/6. Smt. Savitri W/o Shri L.l. Meena D/o Late Shri Jodhraj Meena,
Aged About 45 Years, R/o Village Chatarpura, Panchayat
Dentali, Tehsil Sanganer, District Jaipur
1/7. Lavesh Kumar S/o Late Shri Jodhraj Meena, Aged About 38
Years, R/o Village Dand, Darbano Ki Haveli, Tehsil Amer,
District Jaipur
1/8. Smt. Hansa Meena W/o Shri P.l. Meena D/o Late Shri Jodhraj
Meena, Aged About 36 Years, R/o Village- Nangal Susavatan,
Near Govt. School, Tehsil Amer District Jaipur
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(2 of 3)
----Appellants
Versus
Kalu Ram Meena S/o Shri Jai Narain Meena, R/o A-32, Jaikishan
Colony, Rampura Roopa, Tonk Phatak, Jaipur
----Respondent
For Appellant(s) : Mr. R.K. Mathur, Senior Advocate with
Mr. Aditya Kiran Mathur, Advocate &
Mr. Umesh Kumar Shringi, Advocate
For Respondent(s) : Mr. Bhanwar Singh Rajawat, Advocate
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
31/07/2024 :
The present first appeal under Order 41 Rule 1 r/w Section
96 of the Code of Civil Procedure, 1908 has been preferred on behalf of
appellants-defendants against the judgment & decree dt.25.02.2019
passed by the Court of Additional District Judge, No.3, Jaipur District
Jaipur, in Civil Suit No.60/2016 (158/06) whereby the suit for specific
performance of contract was decreed & permanent injunction was
granted in favour of the sole plaintiff-respondent.
Learned counsel appearing for the parties submit that
during pendency of the present appeal, both the parties have entered
into a compromise & the dispute between them has amicably been
settled before the Mediator, Mediation Centre, Rajasthan High Court
Bench, Jaipur on 20.06.2024. The report of the Mediator alongwith
original compromise duly signed by the parties is available on record.
Therefore, both the parties have requested the Court to pass an
appropriate order for disposal of the first appeal in terms of
compromise.
Heard. Perused.
As per compromise dt.19.06.2024, the respondent-plaintiff
st
(1 party) vide agreement dt.09.10.2005 had paid amount of
[2024:RJ-JP:32587] [CFA-323/2019]
(3 of 3)
nd
Rs.40,01,000/- to the appellants-defendants (2 party). The appellants-
nd
defendants (2 party) had paid amount of Rs.1,07,00,000/- to the
st
respondent-plaintiff (1 party) in respect of dispute between them and
now there remains no dispute between the parties & their legal
nd
representatives. The appellants-defendants (2 party) are in possession
of the land, in dispute and now, there is no dispute remains to be
adjudicate between the parties and they do not wish to continue the
proceedings in the matter.
In view of above, the present appeal is disposed of in the
light of compromise arrived at between the parties.
Consequently, impugned judgment & decree dt.25.02.2019 is
set-aside. The suit is decreed in terms of the compromise. The decree be
drawn up accordingly. The terms of the compromise shall be treated as
an integral part of this order.
Registrar (Judicial) of this Court is directed to issue a
Certificate to the parties to get the Court fees refunded from the
Collector (Stamps) concerned.
The stay application & other pending application, if any, are
also stand disposed of.
(VINOD KUMAR BHARWANI),J.
ASHOK