Rajasthan High Court - Jodhpur
Jawant Raj & Ors vs Ramesh Kumar & Anr on 16 January, 2017
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Civil First Appeal No. 489 / 2004
APPELLANTS :
1. Jawant Raj S/O Lal Chand caste Porwal Jain, age 65 years,
resident of Desuri, Distt. Pali, Presently resident of Jai Bharat
Store, Near Bus Stand, Dhamankar Naka, Bhiwandi-421302
Distt. Thane, Maharashtra.
2. Smt. Rambha Bai W/O Sh. Jawant Raj resident of Desuri,
Distt. Pali, Presently resident of 356, Goriyapada, Ameena
Compound, Ayle Building, Ist Floor, Bhiwandi-421302, Distt.
Thane, Maharashtra.
3. Rajmal S/O Sh. Sagar Mal deceased through his Legal
Representatives:
3/1. Smt. Pushpa Widow of Late Sh. Ajay Raj caste Kothari
(Oswal), resident of Rajul Building, Second Floor, Near
Bawan Jinalaya Bhayandar (West)-401105, Distt.
Thane, Maharashtra.
3/2. Smt. Sushila W/O Sh. Mishrimal caste Oswal Jain
resident of Pramanik Centre, 15-Telipada, Dhamankar
Naka, Bhiwandi-421302 Distt. Thane, Maharashtra.
4. Rakesh Kumar S/O Sh. Rajmal caste Nahar (Oswal) resident
of Desuri Distt. Pali, Presently resident of Bombay Motors Ist
Floor, Sheetal Apartment, V.P. Road, Bhayandar (East)
401105, District Thane (Maharastra).
..... (ORIGINAL DEFENDANTS)
VERSUS
RESPONDENTS :
1. Ramesh Kumar S/O Sh. Rajmal caste Nahar Oswal, resident
of Desuri, Distt. Pali. Presently resident of Room No.105
Yashoda Apartment, A-wing 2nd Floor, 265-Bramanali
(2 of 3)
[CFA-489/2004]
Opposite, N.E.S. English School, Bhiwandi - 421302, Distt.
Thane, Maharashtra.
2. Suresh Kumar S/O Sh. Rajmal caste Nahar Oswal, resident
of Desuri, Distt. Pali. Presently resident of Mahaveer Steel
Centre, Bazar Peth 36-Bramanali Kalaram Mandir, Bhiwandi -
421302, Distt. Thane, Maharashtra.
.....(ORIGINAL PLAINTIFFS)
_____________________________________________________
For Appellant(s) : Mr. Sabir Khan.
For Respondent(s) : Mr. Prashant Sharma.
_____________________________________________________
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 16/01/2017 This appeal and cross-objections are directed against the judgment and decree dated 26.5.2004 passed by the Additional District Judge, Bali, District Pali in Civil Original Suit No.24/97.
The trial court by its impugned judgment and decree dismissed the suit based on preemption, however, partially decreed the suit for partition in favour of the plaintiffs to the extent of half share and the sale deed dated 8.5.1997 has been declared as void to the extent of said share.
While the appellants have filed the present appeal questioning the validity of the decree granted by the trial court, the respondents have filed cross-objections regarding refusal of preemption.
Application under Order XXIII, Rule 3 CPC has been filed by the parties through counsels inter-alia indicating that they have (3 of 3) [CFA-489/2004] entered into the compromise whereby the the plaintiffs - Ramesh Kumar and Suresh Kumar have relinquished their right in the disputed property in favour of the appellants, the respondents do not claim any right in the disputed property and concede the sale deed dated 8.5.1997 executed in favour of the appellants and the respondents also do not want to press the cross-objections.
The sum and substance of the said compromise apparently is that the plaintiffs are seeking to withdraw their suit.
In view of the above submissions, which has been made in the application and another application containing the compromise has been filed, the applications are allowed.
On account of the compromise entered into between the parties, the plaintiffs - Ramesh Kumar and Suresh Kumar are permitted to withdraw their suit and consequently, the decree dated 26.5.2004 passed by the Additional District Judge, Bali, District Pali in Civil Original Suit No.24/97 to the extent that decree for partition has been passed is set aside.
Consequently, the appeal shall stand disposed of accordingly. No costs.
(ARUN BHANSALI)J. Rm/33