Disposed

Navratan Lal Sharma v. Radha Mohan Sharma and Another

Rajasthan HC14 Jul 2022CFA/210/2014

Case brief

AI extract

What is this about?

The High Court dismissed a first appeal arising from a suit for cancellation of sale deed and permanent injunction after the parties entered into a compromise, disposing of the appeal and court-fees application in terms of the settlement. The compromise is treated as part of the order.

What did the court decide?

The first appeal is disposed of in terms of the compromise dated 18.05.2022 and corrigendum dated 08.07.2022. Application for refund of court-fees is dismissed.

Navratan Lal Sharma Vs Radha Mohan Sharma… — Civil Procedure and Limitation | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil First Appeal No. 210/2014

¶3

Navratan Lal Sharma adopted son of Late Shri Surajmal, age about 61 years, resident of Shri Ram Gopal Pura urf Bhojyawas, Pando ki Dhani, Sirsi Road, Tehsil Sanganer, District Jaipur.

¶4

----Plaintiff-Appellant

¶5

Versus

¶6

Radha Mohan Sharma son of Shri Durga Sahai Sharma, Director Krishna Gopal Build Estate Private Ltd, resident of plot No.44, Ganga Vihar Colony, Sirsi Road, Jaipur presently accused in Central Jail, Sanganeri Gate, Agra Road, Jaipur.

¶7

Pinkcity Highland Realcon Pvt. Ltd. through director, Gaurav Gupta son of Late Shri Rajiv Gupta, resident of plot No.B-27, Dev Nagar, Tonk Road, Jaipur.

¶8

Sub Registrar (First), Jaipur Metropolitan, Jaipur (Raj.)

¶9

State of Rajasthan through Tehsildar Sanganer, Jaipur Metropolitan, Jaipur.

¶10

State of Rajasthan through Tehsildar, Jaipur Metropolitan, Jaipur (Raj.).

¶11

----Defendants-Respondents

¶12

For Appellant(s) : Mr. O.P. Mishra Mr. Ajay Verma For Respondent(s) : Mr. Pallav Choudhary Mr. Vinod Kumar Tamoliya

¶13

HON'BLE MR. JUSTICE SUDESH BANSAL

¶14

Order

¶15

14/07/2022

¶16

This first appeal was filed by appellant-plaintiff feeling aggrieved by judgment and decree dated 17.02.2014 passed by Additional District Judge No.16, Jaipur Metropolitan in Civil Suit No.75/2013 whereby and whereunder his civil suit for cancellation of sale deed and permanent injunction against respondentpurchaser-Pinkcity Highland Realcon Pvt. Ltd. was dismissed.

¶17

(2 of 2)

¶18

[CFA-210/2014]

¶19

During course of first appeal, appellant-plaintiff-seller and respondent-purchser-Pinkcity Highland Realcon Pvt. Ltd have entered into compromise and a compromise dated 18.05.2022 with corrigendum compromise dated 08.07.2022 have been placed on record along with application under Order XXIII Rule 3 CPC.

¶20

The compromise have been attested in presence of concerned parties by the Registrar (Judicial).

¶21

Learned counsel for both parties submits that the compromise may be taken on record and first appeal may be disposed of in terms of compromise.

¶22

This Court, without entering into the merits of appeal but without giving any liberty to get restored the first appeal, is of considered opinion that when both parties have entered into the terms of compromise and have agreed to abide by the terms of compromise, this appeal deserves to be disposed of accordingly.

¶23

Hence the compromise dated 18.05.2022 along with corrigendum compromise dated 08.07.2022 is taken on record and the first appeal is disposed of in terms of compromise. 7. The compromise dated 18.05.2022 along with corrigendum compromise dated 08.07.2022 shall be treated as part of this order.

¶24

In the facts and circumstances mentioned hereinabove, the application seeking refund of court-fees is dismissed.

¶25

All pending application(s), if any, stand(s) disposed of.

¶26

(SUDESH BANSAL),J

¶27

SAURABH/98

Navratan Lal Sharma v. Radha Mohan Sharma and Another

Case brief

What is this about?

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Navratan Lal Sharma v. Radha Mohan Sharma and Another

Case brief

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