Sohan Lal vs Mahendra Kumar & Ors on 26 October, 2009

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                                               S.B.CFA NO. 196/2006



   IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR.


                           JUDGMENT

        S.B.Civil Regular First Appeal No. 196/06
      Sohan Lal Vs. Shri Mahendra Kumar and Ors.

                              ...

       Date of Judgment        :            26/10/2009

                            PRESENT

               HON'BLE MR. JUSTICE H.R. PANWAR


Mr. Kishan Lal Maheshwari for the appellant.
Mr. Shreedhar Purohit for the respondents.

BY THE COURT:

This civil first appeal under Section 96 of the Code

of Civil Procedure (for short ‘the Code’ hereinafter) is directed

against the judgment and decree dated 13.2.2006 passed by

Additional District Judge, Sojat (for short ‘the trial court’

hereinafter) in Civil Original Suit No.40/92 (21/84) whereby the

suit filed by the appellant-plaintiff for partition came to be

dismissed.

Heard learned counsel for the parties.

Learned counsel for the parties submit that now the

parties are prepared to accept the compromise Ex.A2 dated

06.01.1994 by appearing before the trial court so that the trial

court can verify the compromise and pass decree in terms of the

compromise Ex.A2 dated 6.1.1994.

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S.B.CFA NO. 196/2006

In view of the statement of counsel for the parties,

the judgment and decree impugned dated 13.2.2006 is set aside

and the matter is remanded to the trial court to decide the suit in

terms of the compromise dated 6.1.1994 if the parties appear

before it and confirm the terms and conditions of the said

compromise. The parties to appear before the trial court on

7.12.2009. The record of the trial court be returned forthwith.

The first appeal stands accordingly disposed of. Stay

petition also stands disposed of.

(H.R.PANWAR), J.

rp