[2025:RJ-JP:4054] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1327/2025 Smt. Prem Devi W/o Sh. Mahendra Singh, Aged About 60 Years, R/o Dokhera, Tehsil - Narnaul, Dist.- Mahendragarh, Haryana. ----Petitioner Versus 1. Mukesh Kumar S/o Sh. Prem Narayan, Aged About 55 Years, R/o Mohalla Khohri, Tehsil -Mundawar, Dist. - Alwar, Raj. 2. Umesh S/o Sh. Budhram, Aged About 58 Years, R/o Kolila, Presently At 26/619 Gujarat Housing Board, Meghani Nagar City Ahamdabad, Gujarat. ----Respondents For Petitioner(s) : Mr. Atul Sharma For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/01/2025 1. Petitioner has preferred instant civil writ petition under Article 226/ 227 of the Constitution of India, challenging the compromise dated 13.05.2023, which has been attested by the National Lok Adalat, arrived at between plaintiff and defendant (respondents herein). 2. The case of petitioner is that the suit property has been sold by defendant to petitioner, prior to institution of the suit, yet petitioner was not made party and defendant entered into a compromise collusively with the plaintiff, on 13.05.2023 without disclosure of sale of property to petitioner. The Lok Adalat attested that compromise and disposed of the suit accordingly. [2025:RJ-JP:4054] (2 of 2) [CW-1327/2025] 3. The petitioner has questioned the compromise deed itself fundamentally on the ground of collusion between plaintiff & defendant and on the ground that petitioner was not party to the suit nor to the compromise, hence he is not bound by the compromise. The factum of collusion is a question of fact, which can be appreciated by the civil court after recording evidence of parties and after examining the evidence, hence, in such eventuality, petitioner has a civil right to challenge the compromise deed and consequential attesting order of compromise passed by the Lok Adalat, and it is open for the petitioner to file a fresh civil suit before the civil court. In such view, counsel for petitioner seeks permission to withdraw this writ petition with liberty to file a fresh suit, assailing the compromise deed dated 13.05.2023 passed in Lok Adalat before the civil court. 4. In view of above, the present writ petition is dismissed as not press with the liberty prayed for. 5. Application (1/2025) along with all pending application (s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/45