This court disposed of two connected cross-appeals regarding suit No. filed for redemption and counter-claim for specific performance. The appeals were settled via a compromise verified before the Dy. Registrar, which was incorporated into the decree.
Both appeals disposed of in terms of the verified compromise; agreement forms part of the decree.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 119/2015
Shri R.S. Sharma S/o Shri Ramnath Sharma, aged about 70 years, R/o- 18, Madrampura, Behind Bibal Church, Ajmer Road, Jaipur(Raj.)
----Appellant
Versus
Deceased Smt. Renuka Chakrawarti’s Legal Representatives:-
1/1. Suneel Chakravarti S/o Shri B.P. Chakravarti 1/2. Susheel Chakravarti S/o Shri B.P. Chakravarti 1/3. Smt. Gyatri D/o Shri B.P. Chakravarti,
Through power of attorney Smt. Gyatri D/o Smt. Renuka Chakravarti, R/o Near Lal Sagar, Jodhpur (Raj.)
----Respondents
Connected With
S.B. Civil First Appeal No. 220/2015
Deceased Smt. Renuka Chakrawarti’s Legal Representatives:-
1/1. Suneel Chakravarti S/o Shri B.P. Chakravarti
1/2. Susheel Chakravarti S/o Shri B.P. Chakravarti
1/3. Smt. Gyatri D/o Shri B.P. Chakravarti,
Through power of attorney Smt. Gyatri D/o Smt. Renuka Chakravarti, R/o Near Lal Sagar, Jodhpur (Raj.)
----Appellants
Versus
Shri R.S. Sharma S/o Shri Ramnath Sharma, aged about 70 years, R/o- 18, Madrampura, Behind Bibal Church, Ajmer Road, Jaipur(Raj.)
----Respondents For Appellant(s) : Mr. Alkesh Agarwal. Mr. Akshay Nagori. For Respondent(s) : Mr. R.S. Mankad.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
09/02/2021
These cross-appeals are directed against the judgment and decree dated 05.01.2015 passed by the Additional District Judge
(2 of 3)
No.6, Jodhpur Metro, whereby the suit filed by the plaintiff-R.C. Sharma for redemption of mortgage, possession and compensation qua plot No. 32, Central School Scheme, Jodhpur has been dismissed and counter claim filed by the defendants for specific performance of agreement dated 11.03.1981 has also been rejected.
An application has been filed on behalf of the appellants in SBCFA No. 220/2015 for disposal of the appeals in terms of the compromise wherein it is, inter alia, indicated that the parties have entered into compromise and terms of the compromise have been reduced into writing and both the parties have duly signed and verified it and, therefore, the appeals may be disposed of in terms of the compromise and a decree to that effect may be ordered to be prepared.
Today, under the orders of the Court, the parties were directed to remain present before the Dy. Registrar (Judicial) for verification of the compromise entered into between the parties.
Dy. Registrar (Judicial) has reported that the parties were present with their respective counsel. The appellant No. 1/3 in SBCFA No.220/2015 – Smt. Gyatri Chakravarti was holding power of attorney on behalf of other appellants – Suneel Chakravarti and Susheel Chakravarti. The contents of the compromise were read over to the parties, who accepted the same to be true and correct. The parties were identified by their respective counsel, who also appended their signatures before the Dy. Registrar (Judicial) and as such the compromise was verified.
In view of the compromise arrived at between the parties duly verified by the Dy. Registrar (Judicial), both the appeals are
(3 of 3)
disposed of in terms of the compromise arrived at between the parties. The compromise shall form part of the decree.
No order as to costs.
(ARUN BHANSALI),J
40-PKS/-
1 issue framed by the court
Whether both cross-appeals should be disposed of based on the verified compromise entered between the parties.
Shri R.S. Sharma
Deceased Smt. Renuka Chakrawarti's Legal Representatives
Shri R.S. Sharma
Deceased Smt. Renuka Chakrawarti's Legal Representatives
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
