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Madhya Pradesh High Court

Ashma Rayin vs Sharif Rayin on 8 December, 2021

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                       1                            MP-4437-2021
                                             The High Court Of Madhya Pradesh
                                                       MP No. 4437 of 2021
                                                         (ASHMA RAYIN Vs SHARIF RAYIN AND OTHERS)


                                  Jabalpur, Dated : 08-12-2021
                                        Shri Dharmendra Soni, learned counsel for the petitioner.

                                        Shri Manoj Kushwaha, learned Panel Lawyer for the State.
                                        Heard on the question of admission and interim relief.
                                        The petitioner has assailed the Order dated 15.09.2021, whereby the
                                  trial Court has kept in abeyance the application filed jointly by the

                                  petitioner/defendant No.5 and respondent No.1/plaintiff seeking compromise

under Order 23 Rule 3 of C.P.C. on the ground that the share of the petitioner is yet to be ascertained and the same shall be considered at the time of final hearing.

Learned counsel for the petitioner contended that the trial Court erred in keeping the application pending inasmuch as Order 23 Rule 3 of the C.P.C. not only permits a partial compromise and adjustment of the suit by the lawful agreement, but further gives a mandate to the Court to record it and pass decree in terms of such compromise or adjustment in so far as it relates to the suit. He further contended that the learned trial Court also failed to consider Order 12 Rule 6 of C.P.C.

Issue notice to the respondents on payment of process fees by RAD mode within seven working days, failing which this petition shall automatically stand dismissed without further reference to the Court.

Notice be made returnable within four weeks. Also heard on I.A.No.12532/2021, application for grant of stay of further proceedings.

In the meanwhile, further proceedings in C.S.No.400026/2016 pending before the Civil Judge Class-I, Budni, District Sehore shall remain stayed till the next date of hearing.

List in the 3 rd Week of January, 2022.

2 MP-4437-2021 (S. A. DHARMADHIKARI) JUDGE vinay* Signature Not Verified SAN Digitally signed by VINAY KUMAR BURMAN Date: 2021.12.09 16:14:14 IST