The High Court of Rajasthan disposed of connected first appeals regarding property and succession disputes upon verification of a compromise deed, despite the absence of one respondent due to illness, as she was verified via affidavit and medical prescription.
Disposing of the appeals and stay petitions in terms of the compromise deed dated 21.09.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:37506]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 75/2021
Shyam Bai D/o Ram Pratap, Aged About 50 Years, Chhoti Sadri, Presently Resident Of Arnoda, Tehsil Nimbaheda Dis. Rajsamand
----Appellant
Versus
----Respondents
Connected With
S.B. Civil First Appeal No. 7/2021
Nirmaladevi W/o Late Rampratap, Aged About 58 Years, Sinore Jalgaon, Maharashtra At Present Chotti Sadri District Pratapgarh, Rajasthan.
----Appellant
Versus
----Respondents
(2 of 4)
[2023:RJ-JD:37506]
[CFA-75/2021]
S.B. Civil First Appeal No. 82/2021
Bharat Kumar S/o Rampratap, Aged About 43 Years, Chotti Sadari At Present Buda Tehsil Malhargarh Dis. Mandsaur (Madhya Pradesh)
----Appellant
Versus
----Respondents
| For Appellant(s) | : Mr. |
Hemant Dutt |
|---|---|---|
| Ms. | Laxi Devi | |
| For Respondent(s) | : Mr. |
Rajat Dave |
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
03/11/2023
[2023:RJ-JD:37506]
[CFA-75/2021]
(3 of 4)
In view of the same, the Deputy Registrar (Judicial) vide order dated 16.10.2023, was directed to verify the parties as well as the contents of the compromise.
However, as respondent No.2 was not present before the Deputy Registrar (Judicial) for verification, the counsel appearing for her prayed for time to move an appropriate application supported with affidavit while making a submission that she is totally bedridden and is unable to appear but she is agreeable to the terms of the compromise.
(4 of 4)
[2023:RJ-JD:37506]
[CFA-75/2021]
compromise and that she has signed the compromise deed out of her free will.
The medical prescription slip is also annexed with the said application which is supported by an affidavit.
(REKHA BORANA),J
79-81/KashishS/-
1 issue framed by the court
Whether the appeals be disposed of upon verification of a compromise deed entered into between the parties.
Shyam Bai D/o Ram Pratap
Kailashi Bai D/o Ram Pratap Ratidar
Bharat Kumar S/o Ram Pratap
Rampratap
Nirmaladevi W/o Late Rampratap
Shyamabai D/o Rampratap
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
