This court allowed an appeal filed by appellants consequentially to an application filed by respondents seeking withdrawal of the suit based on a compromise. The impugned judgment and decree were set aside,
Application for withdrawal of suit allowed; Appeal allowed; Impugned judgment and decree set aside; Suit adjusted per compromise.
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S.B. CIVIL FIRST APPEAL NO.242/2007
Smt. Kamla Devi W/o Jawahar Lal and Ors. Vs. Smt. Kamla W/o Udai Lal Jingar and Ors.
Date of Order :: 8.4.2013
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. S. Saruparia, for the appellant/s. Mr. Suresh Shrimali, for the respondent No.2 & 3. Mr. Dilip Kawadia, for the respondent No.4.
An application under Order XXIII, Rule 3 read with Section 151 CPC has been filed by the respondents Smt. Kamla, Omprakash and Smt. Meera, who were plaintiffs before the Court of Additional District Judge (Fast Track) No.6, Udaipur, who passed the impugned judgment and decree dated 25.4.2007, whereby the suit filed by the plaintiffs for declaration damages, injunction and mandatory injunction and possession was decreed.
In the appeal filed by the defendant injunction was granted by this Court on 29.5.2007, which was confirmed by the order dated 25.10.2007.
It is submitted that the parties have entered in to compromise and the application may be allowed and suit be decreed in view of the compromise dated 16.3.2012.
Learned counsel for the appellants submits that despite repeated efforts being made, the appellants have not contacted him in this regard and, therefore, he is not in position either to support the said application or to oppose the same.
The terms of compromise, which has been filed alongwith application essentially leads to dismissal of the claim / suit filed
by the plaintiffs and, therefore, apparently, there does not appear any reason for any doubt and/or apprehension regarding the said compromise entered into between the parties.
In view of the above, the application under Order XXIII, Rule 3 r/w Section 151 CPC filed by the respondents No.1 to 3 is allowed.
Consequently, the appeal filed by the appellants is allowed. The judgment and decree dated 25.4.2007 passed by the Additional District and Sessions Judge (Fast Track), No.6, Udaipur in Civil Original Case No.63/2005 (210/2005) is set aside and the suit filed by the respondents No.1 to 3-plaintiffs would stand adjusted in terms of the compromise dated 16.3.2012, which has been filed as annexure to the application.
(ARUN BHANSALI), J.
rm/
2 issues framed by the court
Whether to allow an application to set aside an appeal consequentially to a compromise.
Whether the compromise dated 16.3.2012 is valid and binding to adjust the suit.
1 provisions across 1 enactments
Smt. Kamla Devi W/o Jawahar Lal and Ors.
Smt. Kamla W/o Udai Lal Jingar and Ors.
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
