Allowed

(Deleted) Anand Kumar (Dead ) Through Lrs., v. (Deleted) Smt.Laxmi Bai

Chhattisgarh HC22 Aug 2019SA/342/2004

Case brief

AI extract

What is this about?

In this second appeal regarding property title, the High Court of Chhattisgarh allowed an application under Order 23 Rule 3 of CPC for a compromise decree based on a deed dated 21-8-2019 and finally disposed of the appeal.

What did the court decide?

Application under Order 23 Rule 3 of CPC allowed; Second Appeal disposed of finally; Compromise deed made part of decree.

(Deleted) Anand Kumar (Dead ) Through Lrs., Vs… — Property and Title | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Second Appeal No.342 of 2004

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Anand Kumar (Dead) Through LRs

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1(A) Smt. Ram Bai Agrawal, Wd/o Anand Kumar, aged about 75 years, R/o Baiga Para, Durg, Tahsil & District Durg (C.G.)

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1(B) Smt. Jyoti Agrawal, W/o Rajkumar Agrawal, D/o Anand Kumar, aged about 57 years, R/o Khandelwal Colony, Durg, Tahsil & District Durg (C.G.)

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1(C) Deepak Kumar Agrawal, S/o Anand Kumar, aged about 51 years, R/o Baiga Para, Durg, Tahsil & District Durg (C.G.)

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Vijay Kumar, S/o Late Shri Hari Prasad Agrawal, Aged about 51 years.

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Shushil Kumar, S/o Late Shri Hari Prasad Agrawal, Aged about 43 years.

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Pawan Kumar, S/o Late Shri Hari Prasad Agrawal, Aged about 39 years.

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Krishna Kumari Agrawal, Wd/o Late Shri Bhagwat Prasad Agrawal, Aged about 47 years,

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No.2 to 5 R/o Baigapara, Durg, Tahsil & District Durg (C.G.)

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Smt. Shyam Kumari Agrawal, W/o Shri Sheo Shankar Agrawal, Aged about 45 years, R/o Katchehari Road, Murthy Typing Institute, Near District Court Building, Raipur (C.G.)

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Smt. Shushila Devi, W/o Shri Ashok Agrawal, Aged about 41 years, R/o Risali Sector, Bhilai, Tahsil & District Durg (C.G.)

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No.5 to 7 Daughters of Late - Shrimati Radhika Bai and Hari Prasad Agrawal.

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(Plaintiffs) ---- Appellants

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Versus

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Smt. Laxmi Bai (Died and deleted)

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Shri Girish Chandra Sharma, Aged about 35 years, S/o Late Shri Ram Sanehi Sharma

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Shri Trilok Chandra Sharma, Aged about 25 years, S/o Late Shri Ram Sanehi Sharma

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Kumari Meena Devi Sharma (Died and deleted)

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Smt. Sunita Devi, Aged about 23 years, D/o Late Shri Ram Sanehi Sharma

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All R/o Baigapara, Durg, Tah. & District Durg (C.G.)

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(Defendants) ---- Respondents

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For Appellants: Mr. M.P.S. Bhatia, Advocate along with appellant No.1(C) Deepak Kumar Agrawal. For Respondents No.2, 3 and 5: - Mrs. Renu Kochar, Advocate along with respondents No.2 & 3 – Girish Chandra Sharma and Trilok Chandra Sharma, respectively.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Judgment On Board

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22/08/2019

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This is admitted appeal on 20-12-2004 in which application under Order 23 Rule 3 of the CPC has been filed for drawing compromise decree.

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Heard learned counsel for the parties on the application under Order 23 Rule 3 of the CPC for passing compromise decree.

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Learned counsel for the parties submit that matter has been compromised as per the compromise deed dated 21-8-2019 and a draft of ₹ 5 lacs has already been handed-over by the defendants / respondents in favour of the plaintiffs / appellants in lieu of their relinquishing their right in the subject property, as such, as per the compromise entered into between the parties, decree be passed in terms of the compromise deed dated 21-8-2019.

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I have perused the compromise deed dated 21-8-2019.

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After hearing the parties and one of the appellants Deepak Kumar Agrawal as also respondents No.2 & 3 – Girish Chandra Sharma and Trilok Chandra Sharma, I am satisfied that parties have compromised the matter and settled their dispute amicably in terms of compromise deed dated 21-8-2019. Accordingly, the application

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is allowed and the second appeal is disposed of finally as the matter having been compromised between the parties in terms of the compromise deed dated 21-8-2019. Copy of the compromise deed dated 21-8-2019 be made part of the decree.

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With the aforesaid observation, the second appeal stands finally disposed of. No order as to cost(s).

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Decree be drawn-up accordingly.

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Sd/(Sanjay K. Agrawal) Judge

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Soma

(Deleted) Anand Kumar (Dead ) Through Lrs., v. (Deleted) Smt.Laxmi Bai

Case brief

What is this about?

What did the court decide?

(Deleted) Anand Kumar (Dead ) Through Lrs., v. (Deleted) Smt.Laxmi Bai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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