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Madhya Pradesh High Court · body

2019 DIGILAW 131 (MP)

Prabhu Singh Lodhi v. Dropati Bai

2019-02-08

SANJAY DWIVEDI

body2019
JUDGMENT 1. The present appeal has been filed under section 100 of the Code of Civil Procedure challenging the judgment and decree dated 23.4.2018 passed in Civil Appeal No. 1A/2014 whereby, the appellate Court dismissed the appeal, affirming the judgment and decree passed in Civil Suit No. 10A/2012. 2. This appeal has been preferred by the plaintiff, as the suit filed by him was dismissed for declaration that the disputed land situated over Khasra No. 45/2, area measuring .725 hectare be declared as coparcenary joint Hindu Family Property of plaintiff and defendant No. 3 to 5 and the sale-deeds executed in respect of the disputed land on 11.5.2009 and 1.1.2011 would be binding upon him and also on defendants No. 3 to 5. He has also claimed that defendant No.1 herself and on her behalf, nobody else would interfere in the suit property, for which, permanent injunction was claimed. 3. The record of the Courts below called by this Court on 21.8.2018, has been received. 4. An application i.e. I.A. No. 15715/2018 is filed on 21.12.2018 under Order 23 rule 3 of the Code of Civil Procedure by the appellant and respondent No. 1, stating therein that they have mutually agreed to settle their dispute in respect of the suit land i.e. Khasra No .45/2k, area measuring .484 hectare situated at village Piparia, Patwari Halka No. 21, Tehsil Gotegaon, District Narsinghpur. The terms and conditions of settlement have also been mentioned in the aforesaid application and it is jointly requested that the compromise decree be passed in view of the terms and conditions mentioned in I.A. No. 15715/2018. 5. The parties appear before this Court with their counsel and have admitted that the dispute between them has been settled ex curia and they are also ready for disposal of this appeal in view of the terms and conditions of settlement. Accordingly, this appeal is disposed of in the following terms : (i) That the appellant since paid Rs. 2,65,000/- (rupees two lacs sixty five thousand only) to respondent No. 1, who is the owner of the disputed land, bearing Khasra No. 45/2k, area measuring. 484 hectare, therefore, respondent No. 1 will execute a registered sale-deed in favour of the appellant regarding abovementioned land within 15 days from the date of passing of this order. 2,65,000/- (rupees two lacs sixty five thousand only) to respondent No. 1, who is the owner of the disputed land, bearing Khasra No. 45/2k, area measuring. 484 hectare, therefore, respondent No. 1 will execute a registered sale-deed in favour of the appellant regarding abovementioned land within 15 days from the date of passing of this order. (ii) Respondent No. 1 has already handed over the vacant possession of the aforesaid land and the appellant would become the owner of the same, as the land is free from all encumbrances. (iii) The appellant shall be free to get his name mutated in the revenue records in place of respondent No. 1 and respondent No. 1 will not raise any objection in that regard. 6. Therefore, I.A. No. 15715/2018 is allowed. Consequently, this appeal is disposed of. Consent decree be drawn accordingly.