Disposed

Kishor Singh S/O Rambaksh v. Murlidhar Singh S/O Sohan Singh

Rajasthan HC27 Aug 2024CFA/998/2018

Case brief

AI extract

What is this about?

The High Court disposed of a first appeal specializing in contract performance and injunction disputes. Relying on a compromise agreement between parties, the court set aside the impugned decree and ordered the suit decreed per the compromise terms.

What did the court decide?

First appeal disposed; impugned judgment and decree set aside; suit decreed per terms of compromise.

Kishor Singh S/O Rambaksh Vs Murlidhar… — Contract and Commercial Disputes | Rajasthan HC (2024)

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[2024:RJ-JP:35886]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 998/2018

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Kishor Singh S/o Rambaksh, R/o Shyampura Tehsil Malsisar District Jhunjhunu Presently Residing At Bareth Ji Ki Haveli Jodho Ka Bas Rawatsar Tehsil Rawatsar District Hanumangarh (Raj)

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Ashok Kumar S/o Subhash Chandra, R/o Budhawas Tehsil Rajgarh District Churu (Raj)

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Manoj Kumar S/o Amar Singh, R/o Bola Ki Dhani Tehsil Chirawa District Jhunjhunu (Raj)

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----Appellants

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Versus

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Murlidhar Singh S/o Sohan Singh, R/o Shyampura Tehsil Malsisar District Jhunjhunu (Raj)

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Ashusingh S/o Sohan Singh, R/o Shyampura Tehsil Malsisar District Jhunjhunu (Raj)

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----Respondents

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For Appellant(s) For Respondent(s)

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: Mr. Yogesh Kumar Sharma, Advocate : Mr. Babu Lal Sharma, Advocate

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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27/08/2024 :

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The present first appeal under Section 96 of the Code of Civil Procedure, 1908 has been preferred on behalf of the appellantsdefendants against the judgment & decree dt.01.08.2018 passed by the Court of Additional District Judge, No.2, Jhunjhunu, in Civil Original Suit No.42/2018 (02/14) whereby the suit instituted by the plaintiffsrespondents for specific performance of alleged contract & permanent injunction was decreed.

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Today, both the parties (appellants & respondents) are present-in-person before this Court. They have duly been identified by their respective Counsel & their signatures have been obtained on the order-sheet of the Court.

[2024:RJ-JP:35886]

[CFA-998/2018]

(2 of 2)

Learned counsel appearing for the parties submit that during pendency of the present appeal, both the parties have entered into a separate compromise dt.23.04.2024 & dt.16.07.2024 (Annexure1 & 2) and the dispute between them has amicably been settled. Therefore, both the parties have requested the Court to pass an appropriate order for disposal of the first appeal in terms of compromise.

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In this regard, an application bearing Inward No.1/2024 dt.30.07.2024 has also been filed by the appellants praying therein that while taking on record the aforesaid compromise, the present appeal may be disposed of in terms of the compromise.

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For the reasons & grounds mentioned therein, the application is allowed . The compromise (Annexure-1& 2) is taken on record.

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Heard. Perused.

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As per compromise dt.23.04.2024 & dt.16.07.2024, both the parties do not want to pursue the matter and agreed to withdraw the appeal itself while setting aside the judgment & decree dt.01.08.2018 passed by the ld. trial Court.

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In view of above, the present appeal is disposed of in the light of compromise arrived at between the parties.

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Consequently, impugned judgment & decree dt.01.08.2018 is set-aside. The suit is decreed in terms of the compromise. The decree be drawn up accordingly. The terms of the compromise shall be treated as an integral part of this order.

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The stay application & pending application, if any, are also stand disposed of.

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(VINOD KUMAR BHARWANI),J

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ASHOK/

Kishor Singh S/O Rambaksh v. Murlidhar Singh S/O Sohan Singh

Case brief

What is this about?

What did the court decide?

Kishor Singh S/O Rambaksh v. Murlidhar Singh S/O Sohan Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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