Allowed

Shiva Nand v. Civil Court NO.3, Jodhpur and Anr.

Rajasthan HC7 Aug 2018CW/4357/2018

Case brief

AI extract

What is this about?

High Court allowed writ petitions seeking quashing of orders made under Section 152 read with Section 151 CPC. The court held that since parties had a valid compromise-deed, the subordinate court must take it on record and pass appropriate orders to cancel the sale-deed.

What did the court decide?

The impugned orders dated 9.12.2017 and 31.1.2018 were quashed and set aside; the subordinate court directed to take compromise on record and pass appropriate orders.

Shiva Nand Vs Civil Court NO.3, Jodhpur and Anr. — Property and Title | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 4356/2018

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Shiva Nand S/o Shri Siya Ram , By Caste Brahamin, R/o 6W/282, Kudi Housing Board, Jodhpur Power Of Attorney Of Anop Chand S/o Shri Ben Chand By Caste Jain, R/o Village Deh, Tehsil Jayal, District Nagoor, Jodhpur.

¶4

----Petitioner

¶5

Versus

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Civil Court No.3 , Jodhpur District Jodhpur.

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Methu Das S/o Shri Rangana Das , Bycaste Vaishnav, R/o Village Gautam Nagar, Kudi Bhagatasani, Jodhpur.

¶8

----Respondents

¶9

Connected With

¶10

S.B. Civil Writ No. 4357/2018

¶11

Shiva Nand S/o Shri Siya Ram , By Caste Brahamin, R/o 6W/282, Kudi Housing Board, Jodhpur Power Of Attorney Of Anop Chand S/o Shri Ben Chand By Caste Jain, R/o Village Deh, Tehsil Jayal, District Nagoor, Jodhpur.

¶12

----Petitioner

¶13

Versus

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Civil Court No.3 , Jodhpur District Jodhpur.

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Godavari Devi D/o Shri Babu Das , Bycaste Vaishnav, R/o Village Mogra Khurd, Tehsil Luni, District Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. B.L. Bishnoi For Respondent(s) : Ms. Dolly Gehlot

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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07/08/2018

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The petitioner has preferred these writ petitions for the

following reliefs :-

(2 of 3)

[CW-4356/2018]

SBCPW No.4356/2018

“a) by an appropriate writ, order or direction, the impugned order dated 31.1.2018 (Annex.5) may kindly be quashed and set aside.

¶27

b) by an appropriate writ, order or direction, the order dated 9.12.2017 (Annex.3) passed in Civil Suit No.716/2017 may kindly be quashed and set aside and the original suit may kindly be decreed in terms of the compromise, and

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c) Any other appropriate writ, order or direction which this Hon`ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

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d) Writ petition filed by the petitioner may kindly be allowed with costs.”

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Brief facts necessary for adjudication of the lis inquestion is that the plaintiff filed a civil suit against the defendant for cancellation of sale-deed executed on 9.11.2011. During pendency of aforesaid suit, both the parties entered into compromise, thus, they executed a compromise-deed and thereafter moved an application before Lok Adalat for amicable settlement of dispute in terms of compromise entered inter-se. Due to wrong interpretation of application, the suit came to be dismissed on 9.12.2017. The petitioner then moved an application under Section 152 r/w Section 151 CPC, which was rejected by the learned court below on the ground that order passed by Lok

¶31

(3 of 3) [CW-4356/2018]

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Adalat is not amenable to civil jurisdiction.

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Counsel for both the parties i.e. petitioner and the respondent no.2 submits that they stand by the compromise and made a joint submission that compromise for cancellation of saledeed had taken place between the parties and an order to that effect was passed by Lok Adalat, thus, a decree for cancellation of sale-deed ought to have been passed by the court below accordingly.

¶34

In light of aforesaid submission, the writ petitions are allowed. The impugned order dated 9.12.2017 (Annex.3) and order dated 31.1.2018 (Annex.5) are quashed and set aside the learned court below is directed to take compromise on record and pass appropriate orders strictly in accordance with law.

¶35

(Dr. PUSHPENDRA SINGH BHATI), J.

¶36

Sanjay

Shiva Nand v. Civil Court NO.3, Jodhpur and Anr.

Case brief

What is this about?

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Shiva Nand v. Civil Court NO.3, Jodhpur and Anr.

Case brief

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