The High Court dismissed the first appeal in a specific performance suit and a contempt petition as withdrawn after the parties amicably settled their dispute and agreed to execute the sale deed.
First appeal and contempt petition dismissed as withdrawn; notices discharged.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 312/2000
1/1. Mahendra Singh S/o Late Pannaram Gera, Aged About 62 Years, R/o Oil Mill Outside Lal Darwaza, V And P Bayana District Bharatpur
1/2. Balveer Singh Gera S/o Late Pannaram Gera, R/o Oil Mill Outside Lal Darwaza, V And P Bayana District Bharatpur.
1/3. Rajesh Kumar Gera S/o Late Pannaram Gera, Aged About 52 Years, R/o Oil Mill Outside Lal Darwaza, V And P Bayana District Bharatpur.
1/4 Sanjay Kumar Gera, S/o Late Pannaram Gera, Aged About 48 Years, R/o Oil Mill Outside Lal Darwaza, V And P Bayana District Bharatpur
3/1. Kanta W/o Late Nandlal Taneja, R/o Harnakush Ka Well, Hindauc Hindaun, Karauli, Rajasthan.
3/2. Bhim Sen Taneja S/o Late Nandlal Taneja, R/o 563, Shanti Nagar Durgapura, Jaipur.
3/3. Smt. Meena Kalra D/o Late Nandlal Taneja W/o Rajesh Kumar Kalra, R/o 4/241, Malviya Nagar, Jaipur.
3/4. Vina Arora D/o Late Nandlal Taneja, W/o Vishwnath, R/o 385, Guru Nanakpura, Laxmi Narayan Mandir Ke Pass, Rajapark, Jaipur.
3/5. Dayarani Wadhwa D/o Late Nandlal Taneja, W/o Arun Kumar Wadhwa, R/o 792, Adarsh Nagar, Near Radha Swami Satsang Ashok Chowk, Jawahar Nagar, Jaipur.
3/6. Mayarani Chugh D/o Late Nandlal Taneja, W/o Madhupal Chugh, R/o Sindhi Colony, Adarsh Nagar, Jawahar Nagar Ward No. 50, Jaipur.
----Appellants-Applicant
Versus
Prabhu Dayal Agarwal S/o Sedmal Agrawal, R/o House No. 9/50, Malviya Nagar, Jaipur since deceased through LRs:-
1/1. Padma Devi W/o Prabhu Dayal Agarwal, R/o House No.9/50, Malviya Nagar, Jaipur, Raj.
1/2. Jitendra Agarwal S/o Prabhu Dayal Agarwal, R/o House No.9/50, Malviya Nagar, Jaipur, Raj.
1/3. Umesh Agarwal S/o Prabhu Dayal Agarwal, R/o House No.9/50, Malviya Nagar, Jaipur, Raj.
(2 of 3)
[CFA-312/2000]
1/4. Laxmikant s/o Prabhu Dayal Agarwal, R/o House No.9/50, Malviya Nagar, Jaipur, Raj.
----Respondents
Connect with
S.B. Civil Contempt Petition No.199/2022 In
S.B. Civil First Appeal No.312/2000
Prabhu Dayal Agarwal S/o Sedmal Agrawal, R/o House No. 9/50, Malviya Nagar, Jaipur since deceased through LRs:-
1/1. Padma Devi W/o Prabhu Dayal Agarwal, R/o House No.9/50, Malviya Nagar, Jaipur, Raj.
1/2. Jitendra Agarwal S/o Prabhu Dayal Agarwal, R/o House No.9/50, Malviya Nagar, Jaipur, Raj.
1/3. Umesh Agarwal S/o Prabhu Dayal Agarwal, R/o House No.9/50, Malviya Nagar, Jaipur, Raj.
1/4. Laxmikant s/o Prabhu Dayal Agarwal, R/o House No.9/50, Malviya Nagar, Jaipur, Raj.
………...Petitioners
Versus
……...Contemnors-Respondents
| For Appellant(s) | : | Mr. Madhusudan Purohit |
|---|---|---|
| Mr. R.P. Garg in S.B.C.C.P. No.199/2022 |
||
| For Respondent(s) | : | Mr. Rishipal agarwal |
HON'BLE MR. JUSTICE SUDESH BANSAL Order
07/07/2022
Appellant-defendants have preferred this first appeal against the judgment and decree dated 31.08.2000 passed by Additional Civil Judge No.8, Jaipur City, Jaipur whereby and whereunder the civil suit for specific performance filed by and on behalf of respondent-plaintiffs has been decreed.
It has been alleged that during pendency of appeal both parties have entered into compromise and on payment of some
(3 of 3)
[CFA-312/2000]
additional amount, the appellant-defendants have agreed to execute the sale deed and transfer the property in question in pursuance to the impugned judgment and decree. It has been prayed that in view of compromise arrived at between the parties, the first appeal may be dismissed as withdrawn.
One S.B. Civil Contempt Petition No.199/2022 has also been filed by respondent-plaintiffs alleging disobedience of the interim stay order dated 25.10.2000 passed in the first appeal.
Since both parties have settled their dispute amicably out of court and in view of compromise, the appellant-defendants want to withdraw the first appeal and the respondent-plaintiffs also do not press the contempt petition.
Accordingly, the first appeal as well as contempt petition is dismissed as withdrawn.
Notices of contempt petition stand discharged.
All other pending application(s), if any, also stand(s) disposed of.
A copy of this order be placed in connected file.
TN/s/99-S/1
Mahendra Singh Gera and others
Padma Devi Agarwal and others
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
