Parmeshwar Prasad Kashyap And Anr. Vs Smt.mongra Bai — Chhattisgarh HC (2026) — LawSathi Research

Parmeshwar Prasad Kashyap And Anr. Vs Smt.mongra Bai — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the mutual agreement deed dated 25.08.2025; the deed to form part of the judgment and decree; a decree to be drawn accordingly; all pending interlocutory applications disposed of.

Issue for consideration

Whether, in view of the parties' amicable settlement effected through the mutual agreement deed (D-1) filed with the compromise application I.A. No. 01/2025, the second appeal should be disposed of in terms of that deed.

Ratio / Principle

The disputes between the parties have been settled by executing a mutual agreement deed, which will be a part of the records.

Key takeaways

The appeal is disposed of in terms of the mutual agreement deed dated 25.08.2025, and the mutual agreement deed shall form part of the judgment and decree.ratio¶¶45
All pending interlocutory applications stand disposed of, and a decree is to be drawn accordingly.ratio¶¶46

Detailed headnote1 paragraphs

Second Appeal (SA No. 499 of 2013) under Section 100 of the Code of Civil Procedure, 1908 filed by the defendants/appellants (Parmeshwar Prasad Kashyap and Abhuday Kumar) against the judgment and decree dated 22.10.2013 passed by the First Additional District Judge to the 4th Additional Judge, Bilaspur, in Civil Appeal No. 17-A/2013, which had affirmed the judgment and decree dated 23.01.2013 of the Second Civil Judge, Class-I, Bilaspur, in Civil Suit No. 13-A/2012. During pendency, respondent No. 2 (Smt. Brihaspati Bai) died and her legal representatives were substituted per Court order dated 15-09-2025. Pursuant to order dated 18.08.2025, the parties' statements regarding their amicable settlement were sought before the Additional Registrar (Judicial); on 17/02/2026 appellant No. 2 recorded his statement accepting settlement by mutual agreement deed (D-1), filed with I.A. No. 01/2025, a compromise application under Order 23 Rule 3 CPC. Counsel for both sides jointly confirmed the settlement and willingness to fulfil the deed's conditions. The appeal was disposed of in terms of the mutual agreement deed dated 25.08.2025, which was made part of the judgment and decree; a decree was directed to be drawn accordingly and all pending interlocutory applications were disposed of. Judgment dated 19/02/2026; single-member bench of Hon'ble Shri Justice Bibhu Datta Guru.

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SOURABH BHILWAR

Digitally signed by SOURABH BHILWAR Date: 2026.02.20 10:46:44 +0530

2026:CGHC:8782

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

SA No. 499 of 2013

1 - Parmeshwar Prasad Kashyap And Anr. S/o Late Choudhari Prasad Kashyap Aged About 50 Years R/o Bhandi, Tah. And P.S. Bilaspur, Distt. Bilaspur C.G., At Present Address- Devnandan Nagar, Phase-1, Seepat, P.S. Seepat, Tah. Bilaspur, Distt. Bilaspur C.G.

2 - Abhuday Kumar S/o Parmeshwar Prasad Aged About 23 Years R/o Bhandi, Tah. And P.S. Bilaspur, Distt. Bilaspur C.G., At Present AddressDevnandan Nagar, Phase-1, Seepat, P.S. Seepat, Tah. Bilaspur, Distt. Bilaspur C.G.

... Appellants

versus

1 - Smt.Mongra Bai W/o Ramkishun Kashyap Aged About 59 Years R/o Gadhwat, Tah. And P.S. Bilaspur, Distt. Bilaspur C.G.

2 - Smt. Brihaspati Bai (Died Through Lrs) As Per Honble Court Order Dated 15-09-2025.

2(a) - Rameshwari Devi W/o Jaynarayan Aged About 45 Years R/o Village- Basha, Tahsil- Beltara, District- Bilaspur C.G.

2(b) - Sulochani W/o Kanhaiya Aged About 43 Years R/o VillageBitkula, Tahsil- Seepat, District Bilaspur C.G.

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2(c) - Laxmi Patanwar W/o Dulendra Patanwar Aged About 40 Years R/o Village- Bitkula, Tahsil- Seepat, District Bilaspur C.G.

2(d) - Raju Kashyap S/o Chaitram Aged About 36 Years R/o VillageBhadi, Tahsil-Beltara, District Bilaspur C.G.

2(e) - Rajni Bai Baiswade W/o Lalit Kumar Aged About 32 Years R/o Village- Donganala, Tahsil- Pali, District- Korba C.G.

3 - Smt. Saraswati Bai W/o Dewan Kashyap Aged About 42 Years R/o Akaltari, P.S. Ratanpur, Tah. Bilaspur, Distt. Bilaspur C.G.

4 - State Of Chhattisgarh Thru- The Collector, Bilaspur C.G.

…. Respondent(s)

(Cause title is taken from CIS)

For Appellant(s) : Mr. S.S. Barik, Advocate For Private Respondents : Ms. Harneet Kaur, Advocate For Respondent/ State : Mr. Anand Gupta, Dy. Govt. Advocate

Hon'ble Shri Justice Bibhu Datta Guru Judgment on Board

19/02/2026

The present Second Appeal has been filed by the defendants/ appellants herein under Section 100 of the Code of Civil Procedure, 1908, assailing the impugned judgment and decree dated 22.10.2013 passed by the learned First Additional District Judge to the 4^th Additional Judge, Bilaspur (C.G.) in Civil Appeal No. 17-A/2013 (Parmeshwar Prasad & Anr. vs. Smt. Mongra Bai & Ors.), affirming the judgment and decree dated 23.01.2013 passed by the learned Second Civil Judge, Class-I, Bilaspur (C.G.), in Civil Suit No. 13-A/2012, whereby the civil appeal filed by the appellant/defendants was dismissed. For the sake of

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convenience, the parties shall hereinafter be referred to as per their status before the Trial Court.

Pursuant to the order dated 18.08.2025, on the request of both the parties stating that they have amicably settled their dispute, the matter was directed to be listed before the learned Additional Registrar (Judicial) for recording of their statements with regard to the settlement. However, due to the absence of appellant No. 2, his statement could not be recorded and the matter was again directed to be listed before the learned Additional Registrar (Judicial) on 17/02/2026.

As per Office record and notes of the Additional Registrar (J), it has been reported that on 17/02/2026, the appellant/ defendant No.2 (Abhyuday Kumar) appeared before him and his statement was recorded wherein he has accepted the fact that the dispute was amicably settled by executing a mutual agreement deed (D-1) which has been filed alongwith I.A. No.01/2025, application for compromise under Order 23 Rule 3 of CPC.

Learned counsel for the parties jointly submit that the dispute between the parties has been settled and the parties are ready and willing to fulfill the conditions enumerated in the mutual agreement deed and as per their statements recorded before the Additional Registrar (J).

For the sake of convenience, the entire scanned copy of the mutual agreement deed dated 25.08.2025 is shown as under :

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From the above, it appears that the disputes between the parties

have been settled by executing a mutual agreement deed. The mutual agreement deed will be a part of the records. In the above circumstances, the appeal is disposed of in terms of the mutual

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agreement deed dated 25.08.2025. The mutual agreement deed shall form part of the judgment and decree.

Consequently, all the pending interlocutary applications stand disposed of.

A decree be drawn accordingly.

Sd/- (Bibhu Datta Guru) Judge

$. Bhilwar