Gajanand Vs Rukhmani Bai

4 - Phulbai D/o Late Manohar Lal W/o Manohar Lal Caste Kurmi, Aged About 49 Years R/o Village Pendri, Tehsil Janjgir, District JanjgirChampa Chhattisgarh.

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5 - Bhagwari Bai D/o Late Manohar Lal W/o Tikaram Caste Kurmi, Aged About 43 Years R/o Village Munund, Tehsil -Janjgir, District- Janjgir Champa Chhattisgarh.

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6 - Bhagwantin Bai D/o Late Manohar Lal W/o Shiv Kumar Caste Kurmi, Aged About 41 Years R/o Village Akaltari, Tehsil Janjgir, District Janjgir Champa Chhattisgarh.

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7 - Shivmantin Bai D/o Late Manohar Lal W/o Nandkumar Caste Kurmi Aged About 39 Years R/o Village Amora, Tehsil Nawagarh, District Janjgir-Champa Chhattisgarh.

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8 - Gourishankar S/o Gajanan

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9 - Ravishankar S/o Chakram

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Both R/o Village Chorbhathi, Tehsil Nawagarh District Janjgir-Champa Chhattisgarh.

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----Appellants

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Versus

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1 - Rukhmani Bai W/o Late Dwasram Aged About 49 Years R/o Village - Khaira Tahsil Nawagarh, District-Janjgir-Champa Chhattisgarh.

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2 - Ramkali D/o Dwasram Aged About 29 Years R/o Village Petphorwa, Post Darang Tehsil Champa, District Janjgir-Champa Chhattisgarh.

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3 - State Of Chhattisgarh Through Collector, Janjgir, District JanjgirChampa Chhattisgarh.

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---- Respondents

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Digitally signed by ARUN ARUN KUMAR KUMAR DEWANGAN DEWANGAN Date: 2025.03.10 11:35:56 +0530

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Page 2 of 3

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For Appellants : Mr. Rakesh Kumar Manikpuri, Advocate. For Respondents : Mr. Parasmani Shrivas, Advocate. For State : Mr. Jitendra Shrivastava, G.A. along with Ms. Shailja Shukla, Dy. G.A.

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AWARD

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(Passed on 08.03.2025 )

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The second appeal has been filed by the appellants/defendants under Section 100 of the C.P.C. against judgment and decree dated 20.12.2021 (Annexure A/1) passed by the learned First Additional District Judge Janjgir, District- Janjgir-Champa (C.G.) in Civil Appeal No. 01A/2021 by which the appeal preferred by the respondent/plaintiff has been partly allowed setting aside the judgment dated 25.11.2020 passed by the learned Civil Judge Class-II, Nawagarh, District- Janjgir-Champa (C.G.) in Civil Suit No. 29-A/2014 wherein the suit preferred by the respondent/plaintiff for declaration of title and partition of 1/9th share of the suit property has been dismissed.

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This second appeal has been admitted for hearing by this Court on 11.07.2022.

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All the appellants and respondents are present in person present before this Court today for settling their dispute.

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During pendency of the second appeal, the appellants and the respondents who are family members, have decided to amicably settle inter se dispute between them. Accordingly, they have jointly filed a compromise application under Order 23 Rule 3 of the C.P.C. supported by affidavit of the parties. They have settled their

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Page 3 of 3

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dispute in view of clause 5 of the compromise application, which reads as under:-

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“5. That the parties have entered into a compromise and settled their dispute with regard to the suit land and house. That the defendants/ appellants have paid Rs. 6.00 lacs to the plaintiffs/respondent out of the court and the defendants have abandoned their claim over the suit property. That the plaintiffs have also admitted the validity of the will deeds Ex.D/1 & Ex.D/2 executed in favour of the appellants 8 & 9/defendants 10 & 11.”

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In view of the above settlement, appellant-Gajanand has given two cheques bearing cheque No. 3038 & 3039 Rs. 3 lacs each (total Rs. 6 lacs) to respondent- Rukhmani Bai Kashyap.

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The judgment and decree passed by the trial Court and the Appellate Court are modified in terms of compromise arrived at between the parties mentioned at paragraph 5 of the compromise application filed under Order 23 Rule 3 of the C.P.C.

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Accordingly, the instant second appeal stands disposed of.

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The settlement arrived at between the parties as mentioned at paragraph 5 of the compromise application will be part and partial of the award and decree.

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A decree be drawn up accordingly.

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Sd/Sd/(Narendra Kumar Vyas) (Ashok Kumar Verma) Judge- Lok Adalat Member- Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur

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Arun

Gajanand v. Rukhmani Bai

Case brief

What is this about?

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Gajanand v. Rukhmani Bai

Case brief

What is this about?

What did the court decide?

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What the court decided

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