SMT. SOMWATI AND ANOTHER v. SHRI SHIV SHAKTI DEVELOPERS AND ANOTHER
FAPL/494/2019 · 2025-05-11
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32527 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32527 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 37 Case :- FIRST APPEAL No. - 494 of 2019 Appellant :- Smt. Somwati And Another Respondent :- Shri Shiv Shakti Developers And Another Counsel for Appellant :- Ajay Kumar Singh,Amrish Tiwari,Ashish Kumar Singh Counsel for Respondent :- Adhar Dwivedi,Kamlesh Kumar Tiwari,Prashant Kumar Tripathi,Ram Dayal Tiwari,Rishabh Agarwal Hon'ble Dinesh Pathak,J.
1. Heard Sri Amrish Tiwari, learned counsel for the plaintiffs- appellants and Sri K.K. Tiwari, learned counsel for the defendants-respondents and perused the record. 2. Plaintiffs-respondents have filed suit for cancellation of the registered sale deed dated 11.11.2011 executed by Chukhar (defendant-respondent No. 2) in favour of Shiv Shakti Developers (defendant-respondent No. 1). Learned trial court has dismissed the suit by judgment dated 25.2.2019. Having been aggrieved, plaintiffs-appellants have preferred the instant appeal. During the pendency of instant appeal, both the parties have arrived at compromise and settled their dispute out of the court. Having considered the compromise took place between the parties, this Court, vide order dated 5.2.2025, has relegated the parties before the court below to get their compromise verified. For ready reference, order dated 5.2.2025 is quoted hereinbelow:-
"Heard learned counsel for the appellants and learned counsel for private respondents. It is submitted that during pendency of the instant appeal, both the parties have amicably settled their dispute out of the Court and inked compromise dated 31.08.2024. Compromise application has been filed before this Court. Office is directed to remit the compromise application before the trial court concerned to verify the same in presence of both the parties, after recording their statements, and submit a verification report within a period of one month from the date of appearance of the parties who are hereby directed to appear before the court below on 04.03.2025. List this matter on 16.04.2025 along with compromise verification report submitted/sent by the trial court concerned."
3. In compliance of the order dated 5.2.2025, learned Civil Judge, Senior Division, Jhansi has submitted verification report
dated 7.3.2025 to the effect that in presence of both the parties, who have admitted the factum of compromise and stated that they entered into compromise on their own volition, the compromise has been verified. Learned trial court has send a copies of the statements of all the parties along with his report dated 7.3.2025. 4.
Learned counsel for the appellants states that in the eventuality of the compromise took place between the parties and its verification by court competent, instant appeal may be decided on the basis of the said compromise. It is further submitted that both the parties have entered into compromise on their own volition without any duress and coercion, and at present, there is no personal grudges against each other. 5. Learned counsel for the defendants-respondents has admitted the factum of the compromise took place between the parties and states that in changed scenario, both the parties are abided by the agreement which is annexed as annexure No. 1 to the compromise application dated 3.9.2024, therefore, both the parties are not interested to pursue the present appeal. 6. In this conspectus, as above, instant appeal arising out of Suit No. 114 of 2015 (Smt. Somwati and another Vs. Shiv Shakti Developers and others) is disposed of in terms and conditions of the compromise entered into between the parties, copy of which is annexed as annexure No. 1 to the compromise application dated 3.9.2024. Copy of the compromise application dated 3.9.2024 along with copy of the agreement inked between the parties i.e. annexure No. 1 to the said application will be part of the judgment and decree passed by this Court. Order Date :- 12.5.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad