Hemant Vyas S/O Dr. Jagdish Narayan Vyas v. Mahaveer Prasad Saraf S/O Shri Madan Lal
Case brief
What is this about?
Compromise decree; disposal of first appeal in terms of rajinama (compromise) under Order 23 Rule 3 CPC; release of share in suit property by co-appellants in favour of appellant no. 1/3; joint application under Order 23 Rule 3 CPC; abatement of appeal on death of appellant; failure to bring legal representatives on record; dismissal of appeal as abated; civil suit no. 81/2012; judgment dated 13-11-2019 of District Judge, Jaipur Metropolitan; Salil Kumar Sharma (died 01-01-2022); Ritesh Sharma; Payal Sharma; Shilipi Sharma; Mahaveer Prasad Saraf; Hemant Vyas; Rajasthan High Court, Jaipur Bench; CFA 380/2020; CFA 374/2020.
What did the court decide?
S.B. Civil First Appeal No. 380/2020 disposed of in terms of the compromise (rajinama) between the parties, the compromise being deemed part of the judgment and decree; decree to be prepared by the office and the trial-court record (if received) to be returned with a copy of the order. Connected S.B. Civil First Appeal No. 374/2020 dismissed, the appeal having abated on the death of the appellant (Salil Kumar, 01-01-2022) with no legal representatives brought on record.