Disposed

Smt Gunmala Sogani W/O Shri Bhagchand Sogani v. Smt Joravar Devi Papdiwal W/O Late Shri Nathu Lal Papdiwal

Rajasthan HC7 Nov 2022CFA/278/2012

Case brief

AI extract

What is this about?

Court disposed of a first appeal in a preemption suit where parties agreed to sell the property to the decree-holder/plaintiff via an agreement to sale. Appeal disposed under Order 23 Rule 3 CPC without expressing opinion on merits.

What did the court decide?

Appeal disposed of under Order 23 Rule 3 CPC based on parties' application regarding compromise agreement to sell.

Smt Gunmala Sogani W/O Shri Bhagchand Sogani Vs Smt… — Property and Title | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Civil First Appeal No. 278/2012

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Smt. Gunmala Sogani W/o Shri Bhagchand Sogani, Resident of 2363/68, Motisingh Bhomiyo ka Rasta, Second Charuraha, Johari Bazar, Jaipur(Rajasthan) (Now deceased) Legal Heir:-

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1/1. Bhagchand Sogani S/o Late Shri Bhori Lal Sogani, aged 76 year,

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1/2. Harshit Sogani, S/o Shri Bhagchand Sogani, aged 29 years Both are residents of 2363/68, Motisingh Bhomiyo ka Rasta, Second Charuraha, Johari Bazar, Jaipur, Rajasthan

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1/3. Smt. Veenu Jain W/o Shri Ashok Jain, resident of Pawaliya,Panwalia, Sanganer, Jaipur

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1/4. Smt. Neetu Jain W/o Shri Amit Jain, resident of Terapanthi, Mohalla Manak Chowk, Dausa.

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1/5. Smt. Soniya Jain W/o Shri Pankaj Jain, resident of 32/428, Near KV-6, Pratap Nagar, Sector-3, Sanganer, Jaipur

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1/6. Smt. Dolly Jain W/o Shri Ritesh Kumar Jain, resident of 51A, Mangal Vihar Ext. Gopalpura bypass, Durgapura, Jaipur

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1/7. Nupur Dewan W/o Shri Himanshu Dewan, Resident of Plot No.412, Shanti Nagar, Durgapura, Jaipur (Rajasthan)

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----Appellants/Defendants

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Versus

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Smt. Joravar Devi Papdiwal W/o Late Shri Nathu lal Papdiwal, (Now deceased) Legal Heir:1/1. Umesh Papdiwal S/o Late Shri Nathu Lal Papdiwal, resident of 2363/68, Motisingh Bhomiyo ka Rasta, Second Charuraha, Johari Bazar, Jaipur (Rajasthan)

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---Respondent/Plaintiff

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Meena Devi Sogani W/o Late Shri Poonam Chand Sogani, 3. Seema Jain D/o Late Shri Poonam Chand Sogani, W/o Shri Mahaveer Kumar Jain Both are resident of Plot No.158, Milap Nagar, Tonk Road, Jaipur, Rajasthan

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----Proforma Respondents

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For Appellant(s) : Mr. Mamraj Jaat Ms. Bhavana Choudhary For Respondent(s) : Mr. Rahul Chauhan Mr. Hitesh Jain Mr. Tushar Bhatnagar

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(2 of 2)

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[CFA-278/2012]

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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07/11/2022

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The instant first appeal has been preferred, assailing the judgment and decree dated 24.02.2012, passed in Civil Suit No.01/2011 by the Court of Additional District Judge (Fast Track) No.3, Jaipur Metropolitan, Jaipur, whereby and whereunder civil suit for preemption, in respect of suit property, filed by respondent No.1-plaintiff, Smt. Joravar Devi, has been decreed.

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During course of first appeal, learned counsel for both parties have moved a joint application (I.A.No.03/2022) under Order 23 Rule 3 CPC, stating inter alia that parties have entered into a compromise through agreement to sale dated 22.09.2022. It has been submitted that as per terms of compromise and in terms of agreement to sale, appellants agreed to sell the suit property to respondent-plaintiff-decree holder. It has jointly been prayed that the first appeal may be disposed of in terms of application under Order 23 Rule 3 CPC.

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Without expressing any opinion on merits and on joint request of counsel for both parties, the instant first appeal is disposed of in terms of averments made by parties in the application under Order 23 Rule 3 CPC.

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Accordingly, application (I.A.No.03/2022) stands disposed of.

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

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(SUDESH BANSAL),J

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SACHIN/91

Smt Gunmala Sogani W/O Shri Bhagchand Sogani v. Smt Joravar Devi Papdiwal W/O Late Shri Nathu Lal Papdiwal

Case brief

What is this about?

What did the court decide?

Smt Gunmala Sogani W/O Shri Bhagchand Sogani v. Smt Joravar Devi Papdiwal W/O Late Shri Nathu Lal Papdiwal

Case brief

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What did the court decide?

What the court decided

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