AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
13 paragraphs · 428 wordsHeard on I.A.No.5537/2020 which is an application under Order 23 Rule 3 of C.P.C., for recording compromise between the parties.
It is pertinent to mention that Civil Suit No.26-A/2012 was decided by third Additional District Judge, Satna vide judgment and decree dated 11.7.2018, by which suit of plaintiffs was allowed. The operating paras of the judgment is as follows :-
"(क) यह कि दो माह के व्यतीत होने पर वादीगण प्रतिवादीगण क्रमांक 1 लगायत 5 को 27,85,000 रूपये का प्रतिफल प्रदान करें, जिसके उपरांत प्रतिवादी क्रमांक 1 लगायत 7 वादीगण के पक्ष में ग्राम चकबंदी स्थित आराजी नं0 15 रकवा 3.10 एकड, आराजी नं0 16 रकवा 3.65 एकड एवं आराजी नं0 17 रकवा 6.39 एकड का विक्रय पत्र निष्पादित करें।
(ख) प्रतिवादीगण के द्वारा विक्रय पत्र का निष्पादन न किये जाने की स्थिति में न्यायालय में वादीगण द्वारा शेष धनराषि टेन्डर करने पर न्यायालय के माध्यम से विक्रय पत्र निष्पादित किया जाय।
(ग) प्रतिवादीगण अपने साथ-साथ वादीगण का भी वाद व्यय वहन करेगें।"
(घ) अधिवक्ता शुल्क 1000 (एक हजार) रूपये या सूची अनुसार जो भी कम हो जोडा जाय।"
Against the aforesaid judgment and decree both the parties have filed appeals before this Court, which are pending as F.A.No.1549/2018 and F.A.No.2082/2018.
It is submitted on behalf of both the parties that they have undergone compromise and settled the dispute amicably. The compromise application is signed by all the parties and affidavits in support of the application has also been filed by the parties.
Learned counsel appearing on behalf of both the parties have submitted that the judgment dated 11.7.2018 passed in Civil Suit No.26-A/2012 be set aside and the case be remanded back to the trial Court with a direction that after recording the evidence on I.A.No.5535/2020 (compromise application) the trial Court will pronounce the judgment and decree according to the compromise arrived at between the parties.
It appears that the dispute has been resolved between the parties and they have bonafidely filed the application. The compromise also does not appear to be against any of the State policy.
Hence, the judgment and decree dated 11.7.2018 passed in Civil Suit No.26-A/2012 by third Additional District Judge, Satna, is hereby set aside. It is directed that the original compromise application (I.A.No.5537/2020) alongwith affidavits be sent to the Court below with a direction to pass order and draw a fresh decree after recording the evidence on compromise application, according to the compromise arrived at between the parties. The record of the Court below be sent back forthwith.
With the aforesaid observation, these appeals are disposed of.
C.C., as per rules.