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High Court Of ChhattisgarhSA/479/2003compromisedconsent terms

Jayanti Lal Chawda Died Through Lrs Harish Chawda And ORS. v. Jayanti Lal Chawda And Others

2015-09-03Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No. 479 of 2003 A.

Harish Chawda, aged 64 years, son of Jayanti Lal Chawda B.

Vishan Bhai Chawda, aged 62 years, son of Jayanti Lal Chawda C-a Dhan Laxmi Chawda wife of late Natwar Lal Chawda, aged 53 years. C-b Ku. Krishna Chawda D/o late Natwar Lal Chawda, aged 21 years. C-c Ku. Lata Chawda, D/o late Natwar Lal Chawda, aged 17 years. C-d Ram Kumar Chawda S/o late Natwar Lal Chawda, aged 15 years. No. (c) and (d) minors through natural guardian mother Dhan Laxmi Chawda. All (a) to (d) resident of House No.14/372, Kumkum Bhawan, Kelkarpara, Raipur (CG).

D.

Himmat Bhai Chawda, aged 54 years, son of Jayanti Lal Chawda, resident of Kumkum Bhawan, Kelkarpara (Naharpara) Raipur (CG). E.

Smt. Lekha Chauhan, aged 48 years, wife of Narottam Chauhan, resident of Telephone Exchange, near Hajara Clinic, Dhanbad, Distt. Dhanbad (Bihar).

---- Appellants

Versus

1. Jayanti Lal Chawda aged about 70 years son of late Lal Ji Chawda.

2. Bharat Kumar Chawda, aged 45 years son of Shri Jayanti Lal Chawda

3. Manoj Kumar, aged 42 years, son of Shri Jayanti Lal Chawda, All resident of Kumkum Bhawan, Kelkarpara, Naharpara, Raipur, Tehsil and District Raipur (Chhattisgarh).

---- Respondents For Appellants :

Shri HB Agrawal, Sr. Advocate with Shri Pankaj Agrawal, Advocate.

For Respondents :

Shri Sudeep Verma, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 03/09/2015 1.

The parties to the dispute (Respondent) has filed IA No.8 which is an application for taking statement of compromise along with affidavit by the parties duly notarized stating that parties have settled their dispute amicably outside the court and as per compromise, the Respondentstenants have vacated the suit premises and have handed over its vacant possession to the Appellants-landlord, to which, learned counsel for the Appellants does not dispute.

2.

In view of above settlement so arrived at between the parties, this court is not inclined to further continue with the dispute and this appeal is being disposed of in terms of compromise so arrived at between the parties. 3.

In view of above, the question of law framed on 01.04.2014 need not be answered on its merit and the same is being disposed of as having become infructuous in the light of settlement arrived at between the parties.

4.

Decree be drawn accordingly in terms of settlement arrived at between the parties.

Sd/- (P.Sam Koshy) JUDGE inder