Disposed

Govind Ram v. Prem Prakash

Rajasthan HC18 Dec 2018CFA/85/2000

Case brief

AI extract

What is this about?

In this civil first appeal concerning a preliminary decree for partition, the Rajasthan High Court disposed of the matter based on a compromise settlement entered into by the parties during the pendency of the appeal, ordering the impugned decree to be modified accordingly.

What did the court decide?

The appeal disposed of on the basis of a compromise; the impugned decree modified in accordance with the settlement; trial court record sent back for final decree.

Govind Ram Vs Prem Prakash — Partition | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil First Appeal No. 85/2000

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Govind Ram S/o late Shri Kala Ram, Aged about 83 years, By caste Bhatiya, r/o House No.4, N-Block, Sri Ganganagar (Raj.).

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----Appellant

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Versus

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L.Rs. of late Shri Prem Prakash s/o late Shri Kala Ram:-

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1/1 Smt. Vinod Bhatia w/o late shri Prem Prakash

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C/o Shivam Hostel, 127-Vinoba Basti, Sri Ganganagar.

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1/2 Tarun Bhatia s/o late Shri Prem Prakash C/o Dy. Director, Rajya Pravidhi Nidhi Vighag, Meera Chowk, Sri Ganganagar.

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1/3 Smt. Jyoti Bhatia w/o Shri Kamaldeep Bhatia, d/o late Shri Prem Prakash Bhatia, r/o Sukhanand Basati, Tappa Mandi, Tehsil Tappa Mandi, Dist. Barnala (Punjab).

¶11

Man Mohan sons of late Shri Kala Ram.

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Tilak Raj (Un-married) s/o late Shri Kala Ram (Deceased), Both by Caste Bhatiya, r/o House No.4, N-Block, Sri Ganganagar (Raj.).

¶13

Smt. Soma Devi w/o Shri Harbans Lal, d/o late Shri Kala Ram, by Caste Bhatiya, r/o 4-JJ, Teh. Padampur, Dist. Sri Ganganagar.

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PROFORMA-RESPONDENT

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The Commissioner, Nagar Parishad, Sri Ganganagar.

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----Respondents

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For Appellant(s) : Mr. Dron Kaushik For Respondent(s) : Mr. Vishal Singhal

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(2 of 3)

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[CFA-85/2000]

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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18/12/2018

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The instant appeal is filed by appellant-defendant to challenge judgment dated 29.10.1999 and preliminary decree for partition of property, passed by Additional District Judge No.1, Sri Ganganagar (for short, ‘learned trial Court’).

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The suit was initially filed by respondent-plaintiff Prem Prakash, who is now represented by his legal heirs in this appeal for seeking partition of the joint family property and possession. In the main suit, original plaintiff Prem Prakash arrayed his four siblings as party, who are three brothers and one sister. The learned trial Court, while decreeing the suit, passed preliminary decree declaring all the siblings entitled to 1/5^th share of the property and further directed to hand over possession of 1/5^th share of the property to the original plaintiff-respondent.

¶25

The instant appeal is filed before this Court by Govind Ram, one of the brothers of Late Prem Prakash, to challenge preliminary decree passed by learned trial Court. During pendency of this appeal, the parties to litigation, inspired by the concept of Lok Adalat, sorted out their dispute and entered into a compromise. In terms of the compromise, appellant and legal heirs of original plaintiff Prem Prakash as well as other siblings Man Mohan and Smt. Soma Devi, settled their dispute perpetually. The other sibling Tilak Raj, who was unmarried and died during pendency of the appeal, was deleted from the array of respondents. The remaining siblings of appellant Govind Ram and legal heirs of plaintiff Prem Prakash submitted a written compromise before this Court on 12.11.2018, which was duly verified by the Deputy

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(3 of 3)

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[CFA-85/2000]

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Registrar (Judicial) on 29.11.2018 in presence of the parties as well as their counsels.

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As the parties have sorted out their dispute perpetually by entering into settlement/compromise, which is duly verified by the Deputy Registrar (Judicial), the impugned preliminary decree, passed by learned trial Court, is liable to be modified in terms of the compromise.

¶30

The appeal is, accordingly, disposed of in terms of the compromise, which may also be treated as part of this order for facilitating respective parties to lay appropriate application before trial Court for drawing final decree in the matter in accordance with law.

¶31

Let record of the trial Court be sent back forthwith.

¶32

(P.K. LOHRA),J

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44-AnilKC/-

Govind Ram v. Prem Prakash

Case brief

What is this about?

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Govind Ram v. Prem Prakash

Case brief

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