The High Court disposed of a connected civil first appeal on a verified compromise deed between parties. Relying on this dismissal, the Court held that no lis survives and dismissed the associated miscellaneous appeal as infructuous.
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[2023/RJJD/009721]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 96/2016
----Appellants
Versus
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 1415/2016
(2 of 3) [CFA-96/2016]
[2023/RJJD/009721]
resident of Ward No.6, Padampur, District Sri Ganganagar.
----Appellants
Versus
Neeraj Kumar son of late Shri Murari Lal, by caste Soni, resident of Padamur, Tehsil-Padampur, District Sri Ganganagar. At present 40 K Block, Sri Ganganagar.
----Respondent
| For Appellant(s) | : Mr. J.K. Bhaiya |
|---|---|
| For Respondent(s) | : Mr. Sandeep Bishnoi |
| Mr. Jagdish Vyas |
HON'BLE MS. JUSTICE REKHA BORANA
Order
12/04/2023
In S.B. Civil First Appeal No.96/2016
An application has been preferred on behalf of the appellants with the submission that the parties have entered into a compromise and the present appeal may be disposed of in terms of the compromise. The compromise as entered into between the parties have been placed on record alongwith the application. Vide order dated 10.04.2023, Registrar (Judicial) of this Court was directed to verify the compromise and in pursuance to the same, the compromise has been verified on 10.04.2023 by the Registrar (Judicial) of this Court.
In view of the said verification and in view of the compromise as entered into between the parties, the present appeal is disposed of in terms of the settlement/compromise deed.
(3 of 3)
[2023/RJJD/009721]
[CFA-96/2016]
In S.B. Civil Misc. Appeal No.1415/2016
The present appeal has been preferred against the judgment dated 21.03.2016 whereby the application under Section 383 of the Hindu Succession Act, 1956 as preferred by the applicant was allowed and letter of administration dated 11.12.2008 was revoked.
In the connected first appeal No.96/2016, a compromise deed as entered into between the parties has been placed on record and today, in terms of the said compromise, the appeal has been disposed of. Vide the impugned judgment and decree in the said appeal, the will qua which the letter of administration had been issued had been declared to be null and void.
As the first appeal No.96/2016 itself has been disposed of in terms of the compromise between the parties, no lis would evidently now survive in the present appeal also and therefore, the same is dismissed as having become infructuous.
All the pending applications stand disposed of.
(REKHA BORANA),J
35,36-T.Singh/-
2 issues framed by the court
Whether the civil first appeal and miscellaneous appeal shall be disposed of in terms of the compromise deed entered into between the parties.
Whether the present appeal becomes infructuous after the disposal of the connected appeal on compromise.
1 provisions across 1 enactments
Vijay Kumar Soni and Others
Neeraj Kumar Soni
Rajasthan State Industrial Development & Investment Corporation Ltd.
Smt. Rajani Devi
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
