Smt. Fekan @ Bhojlaiya Bai Vs Hajari Jhariya

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2026:CGHC:8851

NAFR

RAHUL JHA

Digitally signed by RAHUL JHA Date: 2026.02.20 13:42:06 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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SA No. 320 of 2021

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Smt. Fekan @ Bhojlaiya Bai W/o Khemchand Arora Aged About 57 Years R/o Village Udiya, Police Station And Tahsil Shaspur Lohara, District Kabirdham (C.G.)

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...Appellant(s)

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versus

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1 - Hajari Jhariya S/o Bhaiyalal Jhariya Aged About 38 Years R/o Village Pipariya, Police Station Pipariya, Tahsil Kawardha, District Kabirdham (C.G.) 2 - State Of Chhattisgarh Through Collector, District Kabirdham (C.G.)

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Respondent(s)

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(Cause-title taken from Case Information System)

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For Appellant(s)	: Mr. Abhipreet Bajpai, Advocate
For Resp No. 1.	: Mr. Palash Jha on behalf of Mr. Devarshi Thakur, Advocate
For Resp No. 2	: Mr. Lekhram Dhruw, PL

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Hon'ble Shri Justice Bibhu Datta Guru

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Judgment on Board

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19/02/2026

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Heard on I.A. No. 02/2026, an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908.

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2

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Learned counsel for the appellant as well as the respondents jointly submit that the dispute between the parties has been amicably resolved by executing a compromise deed, which has been annexed with I.A. No. 02/2026, and the same may kindly be taken on record.

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Upon due consideration, I.A. No. 02/2026 is allowed. The compromise deed annexed with I.A. No. 02/2026 is hereby taken on record.

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On perusal of the compromise deed, it appears that the dispute between the parties has been amicably settled by execution of the said deed. For the sake of clarity, the compromise deed is reproduced hereinbelow:

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“ COMPROMISE DEED

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This Compromise Deed is executed on this 23rd day of January, 2026, at Bilaspur, Chhattisgarh.

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BETWEEN

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Smt. Fekan @ Bhojlaiya Bai W/o Khemchand Arora, aged about 61 years, R/o Village Udiya, Police Station and Tahsil Sahaspur Lohara, District Kabirdham (C.G.) (Appellant in Second Appeal No. 320 of 2021)

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Hereinafter referred to as the "FIRST PARTY / APPELLANT"

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AND

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Hajari Jhariya S/o Bhaiyalal Jhariya, aged about 42 years, R/o Village Pipariya, Police Station Pipariya, Tahsil Kabirdham (C.G.) (Respondent in Kawardha, District Second Appeal No. 320 of 2021)

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Hereinafter referred to as the “SECOND PARTY/RESPONDENT

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(The First Party and Second Party are hereinafter collectively referred to as the "Parties")

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The Parties most humbly and respectfully beg to submit as under :-

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1. A civil dispute arose between the Parties in respect of subject matter/property situated at Village - Jhirna, Tahsil - Kawardha, District Kabirdham (C.G.), which was adjudicated by the learned Trial Court and

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thereafter by the First Appellate Court.

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2. Being aggrieved by the judgment and decree passed by the First Appellate Court, the First Party preferred Second Appeal No. 320 of 2021 titled "Smt. Fekan Bai @ Bhojlaiya Bai Vs. Hajari Jhariya and another" before the Hon'ble High Court of Chhattisgarh at Bilaspur, which is presently pending.

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3. During the pendency of the aforesaid second appeal, with the intervention of well-wishers and respectable persons of the society, the Parties have amicably resolved all their disputes relating to the subject matter of the appeal.

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4. The Parties have voluntarily agreed to settle the matter on the terms and conditions recorded herein below, with a view to maintain peace, harmony and cordial relations.

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5. It is again jointly respectfully prayed by the parties that now therefore, it is mutually agreed as under:

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(i) The Parties declare that all disputes, claims, counter-claims and differences arising out of or relating to the subject matter of Second Appeal No. 320 of 2021 stand fully and finally settled through this Compromise Deed.

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(ii) The dispute relates to the properties is pieces of lands bearing khasra no. 225 and 241/1 total rakba/ area 1.421 hectares (3.5 acres), which are situated at Village Jhirna, Tahsil Kawardha, District Kabirdham (C.G.)

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6. It is further respectfully submitted that the First Party agrees to accept the settlement as final and binding and the Second Party agrees to honor and abide by the settlement in letter and spirit. The Parties agree that their respective rights, title and interest over the subject matter/property shall stand governed strictly in terms of this compromise. The parties agreed that out of aforesaid 3.5 acres of land, the Second Party will receive 01 acre of the land and remaining 2.5 acres of the land will be given to the First Party and her other children except the Second Party.

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7. The Parties mutually agree that they shall not raise any future claim, objection, litigation or proceeding against each other in respect of the subject matter of the present appeal.

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8. The Parties jointly pray that the Hon'ble High Court of Chhattisgarh may kindly be pleased to dispose of Second Appeal No. 320 of 2021 in terms

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of this Compromise Deed under Order XXIII Rule 3 CPC.

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9. This Compromise Deed shall be binding upon the Parties and their respective legal heirs, successors and assigns.

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10. The Parties declare that this compromise has been executed voluntarily, without any force, fraud, pressure, coercion or undue influence from any quarter.

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11. The Parties further declare that the present compromise is lawful, valid and enforceable and is not opposed to any law or public policy.

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12. Upon disposal of the present second appeal in terms of this compromise, no party shall initiate any civil or criminal proceedings against the other with respect to the same cause of action.

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IN WITNESS WHEREOF

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The Parties have signed this Compromise Deed on the 23rd day of January, 2026.

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FIRST PARTY/APPELLANT Signature फेकनबाई Smt. Fekan Bai @Bhojlaiya Bai”	SECOND PARTY/RESPONDENT _Signature_हजारी Hajari Jhariya

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In view of the aforesaid compromise entered into between the parties,

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and as the Court is satisfied that the same has been executed voluntarily and without any coercion or undue influence, the present Second Appeal stands disposed of in terms of the compromise deed dated 23/01/2026 annexed with I.A. No. 02/2026. The compromise deed shall form part of the decree.

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Consequently, a decree be drawn in terms of the compromise under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. Parties shall remain bound by the terms and conditions contained therein.

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Sd/- (Bibhu Datta Guru) Judge

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Rahul

Smt. Fekan @ Bhojlaiya Bai v. Hajari Jhariya

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Smt. Fekan @ Bhojlaiya Bai v. Hajari Jhariya

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