Madhya Pradesh High Court
Sanjay Teli vs Ravichand Kunabi on 22 August, 2024
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
NEUTRAL CITATION NO. 2024:MPHC-JBP:41961
1 SA-2553-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 22nd OF AUGUST, 2024
SECOND APPEAL No. 2553 of 2022
SANJAY TELI AND OTHERS
Versus
RAVICHAND KUNABI AND OTHERS
Appearance:
Shri Sujeet Singh Raghuwanshi - Advocate for appellants.
Shri Santosh Pandey - Panel Lawyer for respondent No.3/State.
Shri Santosh Sahu - Advocate for respondent No.1.
None for respondent No.2 inspite of service.
ORDER
As per order sheet dated 09.02.2024 of this Court, parties were directed to remain present before Registrar (J-I) for verification of compromise on 06.03.2024.
As per office note dated 06.03.2024, both parties were not present before the Registrar (J-I), therefore, the matter was posted for 04.04.2024 for the purpose of recording the statement of the parties. Again both the parties were not present and matter was posted for 30.04.2024, again the matter was adjourned due to reason mentioned that appellant's counsel is unavailable, due to a personal medical emergency in his family. Considering the request made by appellant's counsel, parties were directed to be compulsorily present on 10.05.2024. Again the matter was adjourned on the request of parties and Signature Not Verified matter was posted on 30.05.2024. On 30.05.2024, at the request of the parties Signed by: PRARTHANA SURYAVANSHI Signing time: 30-08-2024 11.17.25 AM NEUTRAL CITATION NO. 2024:MPHC-JBP:41961 2 SA-2553-2022 to record their compromise through video conferencing and in compliance with the direction of Hon'ble Court, a formal request letter was sent to the learned Principal District & Sessions Judge, Chhindwara and through video conferencing compromise were verified and Registrar (J-I) in his report dated 30.05.2024 has verified the compromise except adding a note that surname of appellants is mentioned as "Teli" whereas in the Aadhar card, it is mentioned as "Sahu". Similarly, the surname of respondent is mentioned as "Kunabi" in the case, while it is "Darvaikar" in the Aadhar card.
Recording of statements of parties, Appellant/Plaintiff No.1 - Sanjay Teli, Appellant/Plaintiff No.2 - Tarun Teli, Appellant/Plaintiff No.3 - Nilesh Teli, Appellant/Plaintiff No.4- Buddhilal Teli and Respondent No.1 Ravichand Kunabi along with their Adhar cards respectively have been filed.
Heard on I.A No.8419/2023, which is an application for compromise under Order 23 Rule 3 of CPC.
In the aforesaid application, it is stated by both the parties that respondent/defendant No.1 wants to withdraw its counter claim and agree that appellant/plaintiff may be given a decree for cancelation of sale-deed dated 08.05.1991. Along with compromise application affidavits of appellant/Plaintiff No.4 - Buddhilal Teli and Respondent No.1 Ravichand Kunabi have been filed together with copies of their respective Aadhar cards.
Accordingly, I.A No.8419/2023 is allowed and counter claim SignatureofNotRespondent Verified No.1 Ravichand Kunabi is dismissed as withdrawn. The Signed by: PRARTHANA SURYAVANSHI Signing time: 30-08-2024 11.17.25 AM NEUTRAL CITATION NO. 2024:MPHC-JBP:41961 3 SA-2553-2022 second appeal is disposed of in terms of above compromise dated 01.04.2023.
Let a decree be drawn up by the Registry accordingly. The second appeal is disposed of to the above extent.
(AVANINDRA KUMAR SINGH) JUDGE Prar Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 30-08-2024 11.17.25 AM