The High Court of Rajasthan disposed of a civil appeal regarding a partition of a residential house based on a compromise deed entered into between the rival parties during the pendency of the appeal.
Appeal disposed on compromise; residential house not to be auctioned; other property may be auctioned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
..
S.B. Civil First Appeal No. 498 / 2013.
LR's Of Amba Lal
----Appellants
Versus
LR's Of Satyaprakash & Ors.
----Respondents _____________________________________________________ Mr. Siddharth Tatiya. Mr. Malay Joshi - Appellant present-inperson.
_____________________________________________________ For Appellant(s) : Mr. Siddharth Tatiya.
For Respondent(s) :
Mr. Girish Joshi.
Mr. Ashok Joshi – Respondent-inperson. Mrs. Anita Sharma – Respondent-inperson. Mrs. Anupama Joshi – Respondent-inperson.
JUSTICE DINESH MEHTA
Judgment
05/05/2018
The present appeal has been filed by the appellants, challenging the judgment and decree dated 23.08.2013, passed by the learned Additional District Judge No. 5, Jodhpur Metropolitan, Jodhpur (hereinafter referred to as the “Trial Court”).
By way of the appeal, the appellant has confined his challenge to decree only to the extent of residential house situated at Makrana Mohalla, Jodhpur.
(2 of 2)
[CFA-498/2013]
During the pendency of the appeal, good sense prevailed over the rival parties and they have entered into a compromise
and accordingly, partitioned the house, as evident in map submitted on 22.03.2018. The same has been duly reduced in writing in the form of compromise dated 05.05.2018; duly signed by all the parties/their authorised representatives or power of attorney holders.
With the consent of the parties, the appeal is being disposed of in terms of the compromise aforesaid.
The original compromise dated 05.05.2018 and the map duly signed by all the concerned parties shall be treated to be a part of this order.
The Registry is directed to supply certified copies of the compromise dated 05.05.2018 and the map, while providing certified copy of the order instant.
Decree in accordance with law be drawn.
In light of the order instant, the decree in relation to residential house stands satisfied. The residential house in Makrana Mohalla, Jodhpur shall not be put to auction. The Executing Court may however proceed with the auction of other property, namely, three storeyed shop in Mirchi Bazar, Jodhpur.
Needless to observe that, if any of the parties fail to adhere to the terms of the compromise, the other party will be free to take appropriate proceedings, including revival of the present appeal and/or filing contempt petition.
(DINESH MEHTA), J.
/Mohan/105
LR's Of Amba Lal
LR's Of Satyaprakash & Ors.
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
