Disposed

Ismail Khan and Ors. v. Hazzan Shakuran and Kors

Rajasthan HC14 Aug 2015CMAP/3/2010

Case brief

AI extract

What is this about?

The court disposed of a civil contempt petition, civil first appeals, and a miscellaneous application following a successful mediation. The dispute between real brothers regarding property shares was settled, resulting in a modified decree conditioned on payment of specific installments by the respondent to the petitioner.

What did the court decide?

Contempt petition, civil first appeals, and miscellaneous application disposed of. Decree modified per settlement terms. Plaintiff entitled to revive appeal if payment defaulted.

Ismail Khan and Ors. Vs Hazzan Shakuran and Kors — Partition | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. CIVIL CONTEMPT PETITION NO.573/2014 2. S.B. CIVIL FIRST APPEAL NO.178/2009 with

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S.B. CIVIL MISC. APPL. NO.3/2010

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ISMAIL KHAN & ANR. VS. SMT. HAZZAN SHAKURAN & ORS. 3. S.B. CIVIL FIRST APPEAL NO.537/2008 SMT. HAJJAN SHAKURAN & ORS. VS. ISMAIL KHAN & ANR.

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DATE OF ORDER : : 14^th August, 2015

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**HON'BLE MR. JUSTICE MOHAMMAD RAFIQ *********

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Shri Suresh Goyal with Shri Abdul Samad ) for the petitioner Shri Laxmi Kant Sharma for the respondent. ##

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Dispute in the present case is between the two

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real brothers.

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This Court by order dated 13.7.2015 referred the dispute to Mediation Centre for exploring settlement of the dispute. The report of the learned Mediator has been received, according to which the dispute has been settled between the parties on the following conditions:

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that the respondent Jakir Hussain shall pay to the petitioner Ismail Khan a sum of Rs.22,50,000 for surrendering the share in his favour in house situated in Power House Road, Railway Station, Jaipur within a period of four months from 5.8.2015 in the following manner:‐

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(i) that first installment of Rs.10,00,000 shall be paid on or before 5.10.2015;

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(ii)that the second installment of Rs.5,00,000 shall be paid on or before

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5.11.2015;

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(iii)that the third and last installment of Rs.7,50,000 shall be paid on or before 4.12.2015.

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(iv) that it shall be open to the respondent to pay the aforesaid amount at one go.

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that on receiving the aforesaid payment from the respondent, petitioner shall have no share or interest in the disputed house.

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that after the aforesaid amount has been received by the petitioner from the respondent, the parties shall withdraw the cases pending against each other in this Court.

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In view of above, the contempt petition is disposed of. Civil First Appeal no.178/09 filed by the plaintiff and Civil First Appeal no.537/08 filed by defendant against the judgement and decree dated 8.8.2008 are disposed of in terms of aforesaid settlement. Decree passed by the Court of Additional District and Sessions Judge No.4, Jaipur City, Jaipur dated 8.8.2008 stands modified in the terms of aforesaid compromise. If the payment is not made by the defendant within agreed time, the plaintiff would be entitled to get his appeal revived.

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The misc. application no.3/2010 also stands disposed of.

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(Mohammad Rafiq),J.

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All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi

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RS/6‐C1,2

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Sharma,P.A.)

Ismail Khan and Ors. v. Hazzan Shakuran and Kors

Case brief

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Ismail Khan and Ors. v. Hazzan Shakuran and Kors

Case brief

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