Extracted from the PDF above. The PDF is authoritative.
2025:CGHC:11618 HIGH COURT OF CHHATTISGARH, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Mr. Justice Narendra Kumar Vyas Member - Lok Adalat : Mr. Ashok Kumar Verma, Advocate SA
No. 97 of 2022
1 - Gajanand S/o Late Manohar Lal Aged About 47 Years. 2 - Chakram S/o Late Manohar Lal Aged About 45 Years. 3 - Rukmani Bai D/o Late Manohar Lal W/o Late Tengnu, Caste Kurmi Aged About 52 Years All are Resident Of Village Nawapara, Tehsil Janjgir, District Janjgir- Champa Chhattisgarh. 4 - Phulbai D/o Late Manohar Lal W/o Manohar Lal Caste Kurmi, Aged About 49 Years R/o Village Pendri, Tehsil Janjgir, District Janjgir- Champa Chhattisgarh. 5 - Bhagwari Bai D/o Late Manohar Lal W/o Tikaram Caste Kurmi, Aged About 43 Years R/o Village Munund, Tehsil -Janjgir, District- Janjgir Champa Chhattisgarh. 6 - Bhagwantin Bai D/o Late Manohar Lal W/o Shiv Kumar Caste Kurmi, Aged About 41 Years R/o Village Akaltari, Tehsil Janjgir, District Janjgir Champa Chhattisgarh. 7 - Shivmantin Bai D/o Late Manohar Lal W/o Nandkumar Caste Kurmi Aged About 39 Years R/o Village Amora, Tehsil Nawagarh, District Janjgir-Champa Chhattisgarh. 8 - Gourishankar S/o Gajanan 9 - Ravishankar S/o Chakram Both R/o Village Chorbhathi, Tehsil Nawagarh District Janjgir-Champa Chhattisgarh. ----Appellants Versus 1 - Rukhmani Bai W/o Late Dwasram Aged About 49 Years R/o Village - Khaira Tahsil Nawagarh, District-Janjgir-Champa Chhattisgarh. 2 - Ramkali D/o Dwasram Aged About 29 Years R/o Village Petphorwa, Post Darang Tehsil Champa, District Janjgir-Champa Chhattisgarh. 3 - State Of Chhattisgarh Through Collector, Janjgir, District Janjgir- Champa Chhattisgarh. ---- Respondents ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.03.10 11:35:56 +0530
For Appellants : Mr. Rakesh Kumar Manikpuri, Advocate. For Respondents : Mr. Parasmani Shrivas, Advocate. For State : Mr. Jitendra Shrivastava, G.A. along with Ms. Shailja Shukla, Dy. G.A. _________________________________________________________ AWARD (Passed on 08.03.2025)
1.
The second appeal has been filed by the appellants/defendants under Section 100 of the C.P.C. against judgment and decree dated 20.12.2021 (Annexure A/1) passed by the learned First Additional District Judge Janjgir, District- Janjgir-Champa (C.G.) in Civil Appeal No. 01A/2021 by which the appeal preferred by the respondent/plaintiff has been partly allowed setting aside the judgment dated 25.11.2020 passed by the learned Civil Judge Class-II, Nawagarh, District- Janjgir-Champa (C.G.) in Civil Suit No. 29-A/2014 wherein the suit preferred by the respondent/plaintiff for declaration of title and partition of 1/9th share of the suit property has been dismissed. 2. This second appeal has been admitted for hearing by this Court on 11.07.2022. 3. All the appellants and respondents are present in person present before this Court today for settling their dispute. 4. During pendency of the second appeal, the appellants and the respondents who are family members, have decided to amicably settle inter se dispute between them. Accordingly, they have jointly filed a compromise application under Order 23 Rule 3 of the C.P.C. supported by affidavit of the parties. They have settled their
dispute in view of clause 5 of the compromise application, which reads as under:-
“5. That the parties have entered into a compromise and settled their dispute with regard to the suit land and house. That the defendants/ appellants have paid Rs. 6.00 lacs to the plaintiffs/respondent out of the court and the defendants have abandoned their claim over the suit property. That the plaintiffs have also admitted the validity of the will deeds Ex.D/1 & Ex.D/2 executed in favour of the appellants 8 & 9/defendants 10 & 11.”
5. In view of the above settlement, appellant-Gajanand has given two cheques bearing cheque No. 3038 & 3039 Rs. 3 lacs each (total Rs. 6 lacs) to respondent- Rukhmani Bai Kashyap. 6.
The judgment and decree passed by the trial Court and the Appellate Court are modified in terms of compromise arrived at between the parties mentioned at paragraph 5 of the compromise application filed under Order 23 Rule 3 of the C.P.C.
7. Accordingly, the instant second appeal stands disposed of. 8. The settlement arrived at between the parties as mentioned at paragraph 5 of the compromise application will be part and partial of the award and decree. 9. A decree be drawn up accordingly. Sd/- (Narendra Kumar Vyas) Judge- Lok Adalat High Court of Chhattisgarh Bilaspur Sd/- (Ashok Kumar Verma) Member- Lok Adalat High Court of Chhattisgarh Bilaspur Arun