Allowed

Dinesh Kumar Agarwal S/O Shri Surajmal Agarwal v. Madhusudan Sharma S/O Shri Hanuman Sahai Sharma

Rajasthan HC13 Jan 2022CFA/244/2020

Case brief

AI extract

What is this about?

The Single Bench allowed the consent application for settling the first appeal in Civil Appeal No. 244/2020 based on a compromise entered outside the court by the parties. The court disposed of the appeal and vacated a consequent interim order.

What did the court decide?

The first appeal and the compromise application are allowed; the compromise is treated as part of the order; the interim order dated 25.11.2021 is vacated.

Dinesh Kumar Agarwal S/O Shri Surajmal… — Contract and Commercial Disputes | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil First Appeal No. 244/2020

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Dinesh Kumar Agarwal S/o Shri Surajmal Agarwal, Resident Of House No. 311, Rajni Vihar, Ajmer Road, Jaipur

¶4

----Appellant/Defendant

¶5

Versus

¶6

Madhusudan Sharma S/o Shri Hanuman Sahai Sharma, Resident Of Village Bawari, Post Khorabisal, Via Jhotwara, District Jaipur

¶7

----Respondent/Plaintiff For Appellant(s) : Mr. Anoop Agarwal, Advocate through VC For Respondent(s) : Mr. Shashi Shekhar Gaur, Advocate through VC

¶8

HON'BLE MR. JUSTICE PRAKASH GUPTA

¶9

Order

¶10

13/01/2022

¶11

Learned counsel for both the parties jointly submit that the appellant and respondent have entered into a compromise outside the Court. They further submit that they have filed the compromise along with the application before the Court

¶12

This Court today directed the Registrar (Judicial) of this Court to attest the aforesaid compromise and the parties were directed to appear before the Registrar (Judicial) of this Court. The appellant and respondent appeared before the Registrar (Judicial) in person, their signatures are taken on the note sheet and the same are also verified by their respective counsel. Appellant and respondent are also identified by their respective counsel. Thus, they pray that the application may be allowed and the first appeal may kindly be decided in terms of the compromise.

¶13

(2 of 2)

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[CFA-244/2020]

¶15

Taking into consideration the facts and circumstances of the case, the application is allowed and this first appeal stands disposed of in terms of the compromise arrived at between the parties. The compromise shall be treated as an integral part of this order. Decree be drawn accordingly.

¶16

Consequently upon disposal of the appeal, interim order dated 25.11.2021 passed by the co-ordinate Bench of this Court is vacated. The stay application and other pending application (if any), filed therewith, also stand/s disposed of accordingly.

¶17

(PRAKASH GUPTA),J

¶18

Mohit-38

Dinesh Kumar Agarwal S/O Shri Surajmal Agarwal v. Madhusudan Sharma S/O Shri Hanuman Sahai Sharma

Case brief

What is this about?

What did the court decide?

Dinesh Kumar Agarwal S/O Shri Surajmal Agarwal v. Madhusudan Sharma S/O Shri Hanuman Sahai Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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