High Court disposed of two cross-appeals regarding redemption of mortgage and specific performance in terms of a compromise agreed upon by parties and verified in court.
Appeals disposed of in terms of the verified compromise agreement between the parties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civ'il 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:-
l/l. Suneel Chakravarti S/o Shri B.P. Chakravarti
1/2. Susheel Chakravarti S/o Shri B.P. Chakravarti
Through powel- of attorney Smt. Gyatri D/o Smt. Renuka Chakravarti, R/o Near Lal Sagar, Jodhpur (Raj.)
----Respondents
Connected With
5.5. Civil First Appeal No. 22012015
Deceased Smt. .Renuka Cha krawart'i's Legal Representatives: -
1/1. Suneel Chakravarti S/o Shri B.P. Chakravartl
1/3. Srnt. Gyatri D/o Shri B.P. Chakravarti,
Through power of attorney Smt. Gyatri D/o Smt. Renuh4 L ..
Chakravarti, R/o Near Lal Sagar, Jodhpur (Raj.)
Versus
Shri R.S. Sharma S/o Shri Ramnath Sharma, aged about 70 years, R/o- 18, Madrampura, Behind Bibal Church, Pjmer Road, 3aipur(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
Oq/02/2021
These cross-appeals are directed against the judgment and decree dated 05.0 1.20 15 passed by the Additional District Judge
No.6, Jodhpur Metro, whereby the suit filed by the plaintiff-R.C. Sharma for redemption of mortgage, possession and compensatiori qua plot No. 32, Central School Scheme, Jodhpur has been dismissed and countcr 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 I 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 niay be disposed oFin 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 we%& directed to remain present before the Dy. Registrar (~udiciad) for verification of the compromise entered into between the parties;
Dy. Registrar (Judicial) has reported that the parties present with their respective counsel. The appellant No. $/3 in SBCFA No.220/2015 - Smt. Gyatri Chakravarti was holding powerof attorney on behalf of other appellants - Sl~neel 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 respectwe 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. ~egistrar (Judicial), both the appeals are
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.
(ARU N BHANSALI),J
S.R. Sharma
Legal Representatives of Deceased Renuka Chakravarti
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
