Madhya Pradesh High Court
Anil Bapat vs Tanmay Bapat on 11 September, 2021
Author: Anil Verma
Bench: Anil Verma
The High Court Of Madhya Pradesh
Lok Adalat
FA-686-2005
(ANIL BAPAT Vs TANMAY BAPAT)
Indore, Dated : 11-09-2021
Heard through Video Conferencing.
Parties through counsel.
Both the parties have jointly filed I.A. no. 3944/2020 for recording
the settlement/compromise arrived at between the parties.
Consequently, both the parties are directed to appear in person
before the Principal Registrar of this Court for verification of factum of
compromise filed by both the parties today itself as also directed to
submit his verification report during the course of the day.
( JUSTICE ANIL VERMA) (ROMESH DAVE)
MEMBER MEMBER
The High Court Of Madhya Pradesh
Lok Adalat
FA-686-2005
(ANIL BAPAT Vs TANMAY BAPAT)
Indore, Dated : 11-09-2021
Heard through Video Conferencing.
Shri Shrikrishna Shastri, learned counsel for the appellant.
Shri Balendu Dwivedi, learned counsel for the respondent.
Heard on I.A. no. 3944/2020, which is an application filed under Order 23 Rule 3 of C.PC for compromise/settlement.
Present appeal is filed by the appellant challenging the decree dated 10/10/2005 passed in Regular Civil Suit no. 5-A/2004 by 1 st Additional District Judge, Ujjain by which, the Court has passed a decree of partition and counter-claim filed by defendant no. 1 has been dismissed.
During pdendency of this appeal, both the parties have arrived at mutual settlement / compromise and have agreed to settle their dispute in terms of the compromise mentioned in the application.
In compliance of the order dated 11/09/2021 passed by this Court in Lok Adalat, the factum of compromise has duly been verified by the Principal Registrar of this Court and a report has been submitted that both the parties have arrived at compromise voluntarily, without any threat, inducement or coercion.
In view of the aforesaid, I.A. no. 3944/2020 is allowed and a decree be passed in terms of the compromise as follows.
mDr izdj.k eas vihykFkhZ ,oa oknh rUe; ds e/; esa vkilh jkthukek gks x;k gS vkSj mlds vuqlkj ljLorh f'k'kq eafnj lfefr ds }kjk izFke vfrfjDr ftyk tt egksn;] mTtSu ds fu.kZ; o t;i= dks Lohdkj djrs gq, oknxzLr edku dk Lokeh oknh rUe; dks Lohdkj fd;k x;k gS vkSj mUgksaus mudh vihy dks fujLr djokus ds fy;s vkosnu i= izLrqr fd;k gS] ,slh fLFkfr esa mDr izdj.k ds jkthukes ds QyLo:i vihykFkhZ vc bl vihy dks vc pykuk ugh pkgrh gSA rUe; ds gd esa tks olh;rukek ewy oknh y{ehckbZ us fu"ikfnr dj rUe; dks viuk mRrjkf/kdkjh Bgjk;k gS] bl laca/k esa vihykFkhZ rFkk izR;FkhZx.k ljLorh f'k'kq eafnj lfefr dks dksbZ vkifRr ugha gSA vfuy ckiV dk iq= rUe; ckiV ¼vihykFkhZ dk oS/kkfud izzfrfuf/k Øekad ½ iw.kZ:is.k ,d Lokeh oknxzLr Hkou Øekad 21] csrky ekxZ] ek/kouxj] mTtSu dk gksdj vkf/kiR;/kkjh gS] ;g rF; izR;FkhZx.k dks Lohdkj gSA fopkj.k U;k;ky; }kjk fn;s x;s blls lacaf/kr fu"d"kZ ij izR;FkhZx.k viuk vk{ksi lekIr djrs gSA ;g fd] mijksDr ifjfLFkfr esa vc vihykFkhZ viuh bl vihy dks vkxs pykuk ugha pkgrh gS vkSj fujLr djokuk pkgrh gSA Compromise application shall be a part of the decree. In view of the above, present First Appeal is hereby disposed of.
Office is directed to prepare a decree in terms of the aforesaid compromise.
C c as per rules.
( JUSTICE ANIL VERMA) (ROMESH DAVE)
MEMBER MEMBER
Digitally signed by AMOL N
MAHANAG
Date: 2021.09.11 18:17:18
+05'30'