Rakesh Deshmukh v. Smt. Sneha Prabha @ Smt. Shalini Koparkar
-1HIGH COURT OF CHHATTISGARH, BILASPUR NATIONAL LOK ADALAT Judge - Lok Adalat : Hon'ble Shri Justice Rajendra Chandra Singh Samant Member - Lok Adalat : Shri V.V.S. Murthy, Sr. Advocate. FA No. 54 of 2014 • Rakesh Deshmukh S/o. Late Bhalchand Rao Deshmukh, Aged About 43 Years, R/o Village- Bana, Tahsil Arangh, Civil And Revenue District Raipur C.G., Chhattisgarh ---- Appellant
Versus
• Smt. Sneha Prabha @ Smt. Shalini Koparkar D/o. Late Bhalchand Rao Deshmukh, Aged About 65 Years, R/o 658, Nehrunagar, Umerad Road, Nagpur, Civil And Revenue District Nagpur Maharastra, Maharashtra ---- Respondents Appellant present in person.
For Respondent - Shri S.S. Koparkar, power of attorney holder of the respondent.
AWARD (Passed on 9th March, 2019) 1.
This first appeal has been preferred against the judgment and decree dated 26-02-2014, passed by 4th Additional District Judge Raipur, District Raipur, C.G. in Civil Suit No.87A/2011.
2.
A docket has been filed by both the parties praying for a decree of this Court on the basis of compromise between the parties dated 08-03-2019. Copy of the compromise deed dated 08-03-2019 is attached, according to which both the parties have agreed to the following terms:- (i) The respondent has agreed to transfer by sale the land bearing Khasra No.459 part of land measuring 3 acre to the appellant for a consideration of Rs.3,00,000/-, respondent has also parted possession on that land, (ii) The appellant has agreed to withdraw his claim regarding remaining part of the land bearing Khasra No.459, (iii) The respondent has agreed to execute sale deed for the land which she has agreed to transfer to the appellant within a period of two months.
-2It is also prayed that orders be passed for refund of the court fees to the appellant.
3.
The appellant in person and the power of attorney holder of the respondent have expressed their consent for the terms of compromise mentioned in the compromise deed and have made statement in this regard. 4.
As the terms of the compromise between the parties completely resolve the dispute in this case and the application and the compromise deed have been filed in writing before this Court and the terms of compromise appears to be lawful, therefore, for these reasons, we feel inclined to allow the compromise petition on the basis of the docket of compromise presented in this Lok Adalat. Therefore, the compromise petition is allowed and reliefs are granted accordingly:
(i) The respondent shall transfer part of Khasra No.459 measuring 3 acres situated in Village Bana to the appellant for a consideration of Rs.3,00,000/-, (ii) The respondent shall execute sale deed for transfer of the land mentioned hereinabove within a period of two months from passing of this order, (iii) The appellant relinquishes his claim on the remaining part of Khasra No.459, situated in Village Bana.
5.
The appellant is entitled for refund of court fees according to the rules regarding which certificate be issued.
6.
No order as to cost.
7.
Decree be drawn accordingly.
8.
The appeal is disposed off in Lok Adalat.
Sd/- Sd/- (R.C.S. Samant) (V.V.S. Murthy) Judge - Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Aadil