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2025 DAILYLAW 3060 (RAJ)

PAWAN PARASHAR AND ORS v. SMT BHANU AND ORS

CFA/169/2009 · 2025-09-11

Ganesh Ram Meena

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Judgment text

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[2025:RJ-JP:37012] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 169/2009 1. Pawan Parashar S/o Late Shri Rameshwar Dayal 2. Anjani Parashar S/o Late Shri Rameshwar Dayal 3. Manju D/o Late Shri Rameshwar Dayal 4. Sarita D/o Late Shri Rameshwar Dayal 5. Mamta D/o Late Shri Rameshwar Dayal 6. Omwati Widow of Late Shri Rameshwar Dayal All Resident of Mohalla Hathiapaur, Kasba Bari, Tehsil Bari, Dis- trict- Dholpur (Raj.) ----Appellant-Plaintiffs Versus 1. Smt. Bhanu Wife of Late Shri Ram Bharosi Parashar 2. Surendra Parashar Son of Late Shri Ram Bharosi Parashar 3. Lalit Parashar Son of Late Shri Ram Bharosi Parashar All Resident of Infront of Senior Secondary School, Marwar Junc- tion, District Pali (Raj.) ----Respondents/Defendants For Appellant(s) : Mr. Ambrish Vashishtha For Respondent(s) : Mr. Raj Kamal Gaur HON'BLE MR. JUSTICE GANESH RAM MEENA Order 11/09/2025 1. The parties are present in person. 2. Learned counsels for the parties submit that on motivation by the Lok Adalat, the parties have settled their dispute out of the Court and in this regard an application bearing No. 1/2025 has been filed under Section 151 CPC read with Order 23 Rule 1 for disposing of the appeal in view of the compromise arrived at be- tween the parties. Counsels further submit that the terms and conditions of the compromise has been mentioned in para 8 of the application. [2025:RJ-JP:37012] (2 of 2) [CFA-169/2009] 3. The terms and conditions as mentioned in para 8 of the ap- plication are as under:- "8. That the compromise has taken place between the applicant-appellants and respondent no.3 on the fol- lowing terms- a) That respondent no. 3 Surendra Parashar will exe- cute the sale deed in favour of the appellants within a period of 15 days from decision of this appeal regarding his 3/10 undivided share in the disputed property herein this suit, in performance of his part of contract related to the agreement dated 20.7.1999. b) That out of consideration of Rs.21,00,000/- R.20,50,000/- have already been paid by the appel- lants to respondent no. 3 in presence of witnesses Ravi Kumar Pachuri and Bhoora Parmar and remaining amount of consideration Rs. 50,000/- will be paid by the appellants to respondent no. 3 at the time of regis- tration of sale deed. c) That if respondent no. 3 denies to execute the sale deed within 15 days from the disposal of the present appeal, appellants-applicant will have to right to get the sale deed executed through the court and respon- dent no. 3 will be liable to pay compensation of Rs. 1,00,000/- to appellants-applicant. d) That both the parties will bear their own ex- penses." 4. The present appeal is disposed of in terms of the aforesaid terms and conditions of compromise and the decree dated 11.11.2008, passed by the court of Additional District & Sessions Judge No. 1, Dholpur in Civil Suit No. 47/2006; titled as Pawan Parashar & Ors. Vs. Smt. Bhanu and Ors. is modified and issued accordingly. 5. Office is directed to send back the record. (GANESH RAM MEENA),J Gaurav Srivastava/Satyendra/41