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2025 DAILYLAW 6230 (RAJ)

RAMESHWAR PRASAD ALIAS PAPPU v. RAM KALYAN

CFA/307/2017 · 2025-04-22

Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:17031] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 307/2017 Rameshwar Prasad @ Pappu S/o Shri Hazari Lal, aged 37 years resident of Village Deopura, Teh. & Distt. Tonk Raj. ----Appellant-defendant Versus 1. Ram Kalyan S/o Shri Chandra, aged 80 years resident of Village Islampura @ Soran, Teh. & Distt. Tonk Raj. 2. Hajari Lal S/o Shri Gauri Lal aged 64 years resident of Village Deopura Post Haraniyas Kedar Teh. & Distt. Tonk Raj. ----Respondents-plaintiff For Appellant(s) : Mr. Shiv Charan Gupta, Advocate with Ms. Anirudha Sharma, Advocate For Respondent(s) : Mr. Sandeep Jain, Advocate with Ms. Rani Bhandari, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 22/04/2025 : The present first appeal under Section 96 r/w Order 41 Rule 1 of the Code of Civil Procedure, 1908 has been filed by the appellant- defendant against the judgment & decree dt.12.04.2017 passed by the Court of ld. District Judge, Tonk, in Civil Suit No.111/2011, whereby the suit instituted by the plaintiffs-respondents for cancellation of gift-deed & permanent injunction was decreed. Appellant-defendant has also challenged the interlocutory orders dt.26.10.2016 & 29.11.2016, whereby the applications under Order 1 Rule 10 of C.P.C. & under Order 8 Rule 1-A (3) of C.P.C. were also rejected by the Court of ld. District Judge, Tonk. Today, both the parties (appellant & respondent) 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. [2025:RJ-JP:17031] (2 of 3) [CFA-307/2017] Learned counsel appearing for the parties submit that during pendency of the present appeal, both the parties have entered into a compromise dt.04.04.2025 & the dispute between them has amicably been settled. The respondents are agreed to withdraw the civil suit & the parties are also agreed to comply with the terms & conditions of aforesaid compromise. Therefore, both the parties have requested the Court to pass an appropriate order for disposal of the first appeal in terms of compromise. In this regard, an application bearing Inward No.1/2025 dt.16.04.2025 has also been filed by the parties praying therein that while taking on record the aforesaid compromise, the present appeal may be disposed of in terms of compromise & plaintiffs/respondents may also be permitted to withdraw the aforesaid suit. For the reasons & grounds mentioned therein, the application is allowed. The compromise dt.04.04.2025 is taken on record. Heard. Perused. As per compromise dt.04.04.2025, both the parties do not want to pursue the matter & the disputes between them have been settled amicably. Further, they agreed to withdraw the civil suit/appeal itself while setting aside the judgment & decree dt.12.04.2017 passed by the ld. trial Court in terms of compromise. In view of above, the present appeal is disposed of in the light of compromise arrived at between the parties. Consequently, impugned judgment & decree dt.12.04.2017 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. [2025:RJ-JP:17031] (3 of 3) [CFA-307/2017] The stay application & pending application, if any, also stand disposed of. (VINOD KUMAR BHARWANI),J. ashok-SAURABH /78