Disposed

Anant Ram v. Kanah Bihari

Rajasthan HC1 Aug 2022CFA/448/2002

Case brief

AI extract

What is this about?

In this first appeal regarding rectification of a sale deed, the appellant and respondent reached a compromise. The High Court, upon hearing counsel, allowed an application under Order 23 Rule 1 CPC, recorded the compromise and map, and disposed of the appeal accordingly without expressing an opinion on merits.

What did the court decide?

Application under Order 23 Rule 1 CPC allowed; compromise deed and map recorded; first appeal disposed of as per compromise.

Anant Ram Vs Kanah Bihari — Contract and Commercial Disputes | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 448/2002

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Anant Ram Arya S/o Shri Manohar Lal Arya, age 72 years, R/o Chomukha Mahadev, Bharatpur

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----Appellant

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Versus

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Kanah Bihari Lal (Deceased) Through His Legal Representatives1/1. Yogendra Kumar @ Yogi, son of late Kanha Bihari Lal, resident of infront of Madhuban Hotel, Kothi No.9-A, Radha Nagar, Mathura, (U.P.) 1/2. Dheeraj Kumar Agarwal son of late Kanha Bihari Lal, resident of infront of Kothi No.2145/1, Dempier Nagar, Mathura (UP)

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1/3. Suresh Chand Agarwal son of late Sh Kahna Bihari Lal, resident of C/o Shri Yogendra Kumar Agarwal, infront of Madhuban Hotel, Kothi No.9-A, Radha Nagar, Mathura (UP)

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1/4.Sh. Brajendra Kumar Agrawal son of late Sh Kahna Bihari Lal, resident of C/o Shri Yogendra Kumar Agarwal, infront of Madhuban Hotel, Kothi No.9-A, Radha Nagar, Mathura (UP)

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1/5. Sh. Narendra Agrawal son of late Sh Kahna Bihari Lal, resident of C/o Shri Yogendra Kumar Agarwal, infront of Madhuban Hotel, Kothi No.9-A, Radha Nagar, Mathura (UP)

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1/6. Sh. Ranchoddas Agrawal son of late Sh Kahna Bihari Lal, resident of C/o Shri Yogendra Kumar Agarwal, infront of Madhuban Hotel, Kothi No.9-A, Radha Nagar, Mathura (UP)

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1/7. Sh. Shelendra Agrawal son of late Sh Kahna Bihari Lal, resident of C/o Shri Yogendra Kumar Agarwal, infront of Madhuban Hotel, Kothi No.9-A, Radha Nagar, Mathura (UP)

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----Respondent

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For Appellant(s) : Mr. M.M. Ranjan Sr. Adv. with Mr. Lokesh Tiwari For Respondent(s) : Mr. Nikhil Yadav Mr. Abhi Goyal

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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01/08/2022

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Appellant-plaintiff instituted a civil suit seeking rectification in the sale deed dated 2.11.1995 made and executed by respondents-defendants in his favour but the civil suit has been dismissed vide judgment dated 15.11.2002 passed by Additional District Judge No.2, Bharatpur in suit No.105/2002, against which the present first appeal has been preferred.

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(2 of 2)

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[CFA-448/2002]

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An application under Order 23 Rule 1 CPC has been filed along with compromise deed and it has been prayed that compromise along with appended map be taken on record and first appeal be disposed of in terms of compromise.

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Counsel for both parties jointly submits that both parties have entered into written compromise and have signed the compromise whereby and whereunder both parties have agreed to rectify the sale deed dated 2.11.1995. Thus, both counsel have jointly submits that present first appeal be disposed of in terms of compromise.

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Heard counsel for both parties.

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Without expressing any opinion on merits, on joint request of counsel for both parties, the application filed under Order 23 Rule 1 CPC is allowed. The compromise along with appended map is taken on record.

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Accordingly the first appeal is disposed of in terms of compromise deed. The compromise deed with map shall be treated as part of this order.

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In view of above, applications (30774/2019 & 1/2021) stand disposed of.

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(SUDESH BANSAL),J

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NITIN /44

Anant Ram v. Kanah Bihari

Case brief

What is this about?

What did the court decide?

Anant Ram v. Kanah Bihari

Case brief

What is this about?

What did the court decide?

What the court decided

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