Rajasthan High Court - Jodhpur
Hari Krishan Purohit vs Ram Swaroop on 18 September, 2012
Author: Vineet Kothari
Bench: Vineet Kothari
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S.B. CIVIL FIRST APPEAL NO.87/1986
(Hari Kishan Purohit vs. Ram Swaroop & ors.)
ORDER
DATE OF ORDER : 18.09.2012
PRESENT
HON'BLE DR. JUSTICE VINEET KOTHARI Mr. D.K. Parihar, for the appellant with Mr. Rajesh Kumar Purohit - appellant No.1/5 present in person. Mr. Vijay Kumar Purohit, self and for respondents No.1/2 and 1/4 to 1/8.
Mr. M.S. Purohit, for the respondent Nos. 1/1 and 1/3.
Dr. A.A. Bhansali, for the respondent No.5 Mr. Vimlesh Kumar Purohit, self - respondent No.4/2. Mr. Vijay Kumar Vyas } for respondents Nos. 4/4 & 4/5.
In the present First Appeal filed against the Final Decree in a suit for Partition, since close relatives of families of 5 brothers are involved, at the request and at the suggestion of all the learned counsels and some of the parties present in the Court, some of whom are also by profession Advocates, by mutual consent of the parties, the present dispute about the partition of joint family property; immovable and movable may be referred to 2/3 a Retired Hon'ble Judge of this Court for holding mediation between the parties and to arrive at a possible and practical solution to the dispute of the various immovable and movable properties belonging to the joint family of the parties, whose LRs or successor-in-interest are parties before this Court now.
At the suggestion of the parties, Hon'ble Mr. Justice D.N. Joshi, a Former Hon'ble Judge of this Court is requested to hold the mediation between the parties and after providing a reasonable opportunity of hearing to all the concerned parties involved in the matter, the Hon'ble Judge, Shri D.N. Joshi Sahib may submit a report of practical and possible solution of the present dispute of the properties involved in the present case to this Court preferably within one month from today. The mediation will be held as per convenience of Hon'ble Mr. D.N. Joshi Sahib at Bikaner or at Jodhpur, as desired by him.
By the consent of the parties concerned, the parties have agreed to equally share the expenses by way of honorarium and incidental expenses payable to Hon'ble Justice Mr. D.N. Joshi Sahib and a sum of Rs.50,000/- is agreed to be paid to him for this 3/3 purpose. The said sum of Rs.50,000/- will be equally paid by LRs of five family members involved in the present dispute, namely, Hari Kishan Purohit, Ram Swaroop Purohit, Badrinarain Purohit, Dhanraj Purohit and Babulal Purohit. The said sum of Rs.10,000/- each total sum of Rs.50,000/- may be deposited with the Hon'ble Justice Shri D.N. Joshi Sahib within a week from today and thereafter it is expected that the report of the Mediation will be forwarded to this Court within one month from today.
The present appeal may be listed in this Court again on 20th November, 2012.
(DR. VINEET KOTHARI)J. Anil/ Item No.2