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2018 DIGILAW 211 (RAJ)

Gajendra Singh S/o Sh. Balwant Singh v. Bhagwati Singh W/o Sh. Vijay Singh

2018-01-17

DINESH MEHTA

body2018
ORDER : Dinesh Mehta, J. [IA No. 115/2018] The respondent has filed an application, along with an additional affidavit, being IA No. 115/2018, inter alia, placing on record a compromise entered into between the parties, with a request to dispose of the present appeal and pass a judgment and decree in terms of said compromise, duly recorded in Memorandum of Understanding dated 25.10.2017. 2. The original Memorandum of Understanding dated 25.10.2017 has been placed on record of CFA No.131/2017, along with application (IA No. 114/2018). 3. All the parties have presented themselves before the learned Deputy Registrar (Judicial) of this Court, who have been identified by their respective counsels and their credentials have been verified. 4. Mr. Manoj Bhandari having instructions on behalf of the respondent No.2 - Nihal Chand points out that Mr. Nihal Chand, the purchaser of the property is not present, whose presence and agreement/consent on the compromise is neither necessary nor warranted, as his interests are not being affected by the present order. 5. In view of the above, and with the consent of the parties, the present appeal is disposed in terms of the Affidavit dated 17.01.2018 read with the Compromise dated 25.10.2017 filed in this Court; terms whereof are being reduced hereunder:- "3. As per the terms and conditions of Memorandum of Understanding, the Plot No. 5-C-155 measuring 2400 Square feet shall be sold by the parties to one Shri Dinesh Chandak S/o Shri Shankar Lal Chandak and the amount received from the purchaser shall be distributed amongst the parties to the appeal to the extent of 50% each. 4. It has further been agreed upon that after the compromise is entered and the same is approved by the Hon'ble High Court, the documents relating to the registry of the plot in question and all other documents shall be handed over within one month from the date of order passed by this Hon'ble Court and the amount as received shall be distributed and paid to Smt. Sunita Chouhan to the extent of 50% and the possession shall be handed over to the purchaser of the plot in question after the registry being made within two months from the date of the order of the Hon'ble High Court. 5. 5. Both the parties to the present appeal are agreed to dispose of the present appeal in aforesaid terms and the Memorandum of Understanding reached between the parties on 25th October, 2017 which has been signed by all the parties including three witnesses viz. Devendra Singh S/o Gajendra Singh, Dilip Singh S/o Jagmal Singh and Sunil Sharma S/o Shri Ram Gopal Sharma and Dinesh Chandak, purchaser of the property has also signed the said Memorandum of Understanding. The appellant shall not claim any right in any other property including the disputed property as in compromise. 6. Since Shri Bhagwati Singh had made a registry in favour of Nihal Chand on 06.12.2015 of one of the plots, he shall not be disturbed with regard to the possession and therefore, in view of this Memorandum of Understanding, this appeal may also be disposed of. Sd/- (Sunita Chouhan) Sd/- (Bhagwati Singh)" 6. The Memorandum of Understanding dated 25.10.2017 shall be treated as an integral part of this order. Registry is directed to issue a certified copy of the Original MOU dated 25.10.2017 filed with IA No. 114/2018, while issuing certified copy of the order instant. 7. The appeal is disposed of, in the aforesaid terms.