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THAKURJI SHRILAXMINARAINJI v SMT.RAMKALI - CSA Case No. 59 of 1984  RD-RJ 2604 (10 November 2006)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No.59/1984
Thakurji Shri Laxminarainji, Ramganj Bazar,
Chowkri Ramchandraji, through its Shebait
Pujari Tota Ram S/o Mangilal Brahmin ...defendant-appellant
Smt. Ramkali Widow of Shri Pyarelal & Others ...plaintiff-respondents
Date of Order ::: 10.11.2006
Hon'ble Mr. Justice Narendra Kumar Jain
Shri Tota Ram Pujari S/o Mangilal, on behalf of defendant-appellant Thakurji Shri Laxminarainji, present-in-person, along with his Counsel - Shri Parag Rastogi, Advocate.
Shri Surat Ram, power-of-attorney-holder of respondent no.6 Smt. Anguri Devi and respondent no.7
Smt. Phulwati, present-in-person
Shri Suresh Kumar Verma, Power-of-attorney-holder of respondents no.5/1 Subhash Chand Verma, 5/2 Suresh
Verma, 5/3 Satish Verma, 5/4 Rakesh Kumar Verma, 5/5
Meena Verma, 5/6 Usha Verma and 5/7 Neeta Verma, 4/1
Smt. Premlata, 4/2 Smt. Kamlesh, 4/3/1 Smt. Sunita
Verma, for herself and for respondents no.4/3/2
Divya, 4/3/3 Anuradha and 4/3/4 Ishaan (All the three minors, being the natural guardian) along with their Counsel -
Shri D.D. Patodia, Advocate, for all the respondents. ####
By the Court:-
The defendant-appellant has filed this second appeal under Section 100 of the C.P.C. against the 23rd judgment and decree dated of November, 1983, passed by the Additional District & Sessions Judge
No.1, Jaipur City, in Civil Regular Appeal No.5/83
(45/1982), whereby he dismissed the appeal of the plaintiff and affirmed the judgment and decree dated 27th of January, 1982 passed by the Additional Civil
Judge, (Small Causes Court), Jaipur City, Jaipur, in
Civil Suit No.5/73, whereby the suit of the plaintiff- respondent for possession and permanent injunction was decreed.
During the course of arguments, both the parties have entered into a compromise on the following terms and conditions:- 1. The defendant-appellant does not press the present second appeal and the same is dismissed as not pressed. The judgment and decree passed by both the courts below are upheld; 2. The respondents shall pay a sum of Rs.4,21,000/-
(Rupees four lac twenty-one thousand only) to the appellant by way of Cheque or
Demand Draft in the name of
Thakurji Shri Laxminarainji,
Ramganj Bazar, Chowkri
Ramchandraji, Jaipur, as soon as possible but not later than six months from today; 3. The executing court is directed to execute the decree passed in favour of the plaintiff-respondents only after recording its satisfaction to the effect that the payment of
Rs.4,21,000/- (Rupees four lac twenty-one thousand only) has actually been received by the defendant-appellant; 4. In case the aforesaid payment of Rs.4,21,000/-
(Rupees four lac twenty-one thousand only) is not made within the aforesaid period for any reason whatsoever then this order dismissing the appeal as not pressed shall be deemed to have been recalled and the present second appeal shall stand allowed; the present suit filed by the plaintiff- respondent will be deemed to have been dismissed and the judgment and decree passed by both the courts below will be deemed to have been set aside.
With the aforesaid terms, conditions and directions the appeal is disposed of with no order as to cost.
(Narendra Kumar Jain) J. //Jaiman//
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