Rajasthan High Court - Jaipur
Sohan Singh vs Bhag Singh & Ors on 21 October, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
O R D E R
S.B. CIVIL MISC. APPLICATION NO.242/2011
IN
S.B. CIVIL SECOND APPEAL NO.173/2008
SOHAN SINGH & ANR.
Vs.
SHRI BHAG SINGH (SINCE DECEASED) THROUGH LEGAL REPRESENTATIVES & ANR.
DATE: 21.10.2011
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I
Mr. H.V. Nandwana, for the applicants.
Ms. Sweety Mishra on behalf of
Mr. V.K. Tamoliya, for the respondent No.1.
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Heard learned counsel for the applicants.
2. Applicants Madho Lal, Khana, Durga Shankar, Krishan Murari and Ganga Bai have filed this application for clarification/ modification/recalling of the order dated 18.02.2011 passed by this Court in S.B. Civil Second Appeal No.173/2008, contending that applicants were not party in S.B. Civil Second Appeal No.173/2008, parties to second appeal entered into a compromise, wherein they included the share of applicants in disputed land also, whereas they were not entitled to do so and on the basis of wrong compromise, they are getting benefit of the same, depriving the applicants from their legal rights.
3. Since applicants were not party in S.B. Civil Second Appeal No.173/2008, therefore, the order passed in Second Appeal is not binding on them and if the land of applicants has wrongly been included in the said compromise, placed on record in S.B. Civil Second Appeal No.173/2008, then applicants are at liberty to agitate the matter in this regard, independently, in accordance with law and the order of this Court dated 18.02.2011 will not come in their way/right.
4. With the aforesaid clarification and observations, the application stands disposed off.
(NARENDRA KUMAR JAIN-I),J.
/KKC