Rajasthan High Court
XOBJC/36/2013 of ADITYENDRA SHARMA Vs SMT RATAN DEVI AND OTHERS on 6 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 60/2013 CNR: RJHC020134752013 | URN: CFA / 107U / 2013 Adityendra Sharma S/o Shri Jugalkishore Sharma, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt. Jaipur Rajasthan ----Appellant Versus 1. Smt. Ratan Devi W/o Shri
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 60/2013
CNR: RJHC020134752013 | URN: CFA / 107U / 2013
Adityendra Sharma S/o Shri Jugalkishore Sharma, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt.
Jaipur Rajasthan
----Appellant
Versus
1.
Smt. Ratan Devi W/o Shri Jugal Kishore Pukharaj, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt.
Jaipur Rajasthan
2.
Arunendra Sharma S/o Shri Jugal Kishore Sharma, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt.
Jaipur Rajasthan
3.
Ashutosh Sharma S/o Shri Jugal Kishore Sharma, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt.
Jaipur Rajasthan
4.
Avinash Sharma S/o Shri Jugal Kishore Sharma, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt.
Jaipur Rajasthan
5.
Smt. Anjula Sharma W/o Shri Rajesh Joshi D/o Shri Jugal Kishore Sharma, R/o Joshia Mohalla, Purani Tonk, Rajasthan
6.
Anula Sharma W/o Shri Sandeep Sharma D/o Shri Jugal Kishore Sharma, R/o S-4-B, Pratap Bhawan, Kabir Marg, Banipark, Jaipur Rajasthan
----Respondents
Connected With
S.B. Cross Objection (Civil) No. 36/2013
CNR: RJHC020414372013 | URN: XOBJC / 36U / 2013
Adityendra Sharma S/o Shri Jugalkishore Sharma, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt. Jaipur Rajasthan
----Defendant/Appellant
Versus
1.
Smt. Ratan Devi W/o Shri Jugal Kishore Pukharaj, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt.
Jaipur Rajasthan.
---Plaintiff/Respondent
2.
Arunendra Sharma S/o Shri Jugal Kishore Sharma, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt.
Jaipur Rajasthan
3.
Ashutosh Sharma S/o Shri Jugal Kishore Sharma, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt.
Jaipur Rajasthan
4.
Avinash Sharma S/o Shri Jugal Kishore Sharma, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, Distt.
Jaipur Rajasthan
5.
Smt. Anjula Sharma W/o Shri Rajesh Joshi D/o Shri Jugal Kishore Sharma, R/o Joshia Mohalla, Purani Tonk, Rajasthan
6.
Anula Sharma W/o Shri Sandeep Sharma D/o Shri Jugal Kishore Sharma, R/o S-4-B, Pratap Bhawan, Kabir Marg, Banipark, Jaipur Rajasthan
----Defendant/Respondents
Connected With
(2 of 5)
[CFA-60/2013]
S.B. Civil First Appeal No. 85/2026
CNR: RJHC021074312025 | URN: CFA / 161U / 2026
Smt. Ratan Devi W/o Late Shree Jugal Kishore Sharma, R/o Vaidhya Vatika, Diggi Malpura Road, Sanganer, District Jaipur.
----Appellant
Versus
1.
Arunendra Sharma S/o Late Shree Jugal Kishore Sharma, Resident Vaidhya Vatika, Diggi Malpura Road, Sanganer, District Jaipur.
2.
Ashutosh Sharma S/o Late Shree Jugal Kishore Sharma, Resident Vaidhya Vatika, Diggi Malpura Road, Sanganer, District Jaipur.
3.
Avinash Sharma S/o Late Shree Jugal Kishore Sharma, Resident Vaidhya Vatika, Diggi Malpura Road, Sanganer, District Jaipur.
4.
Anjula Sharma W/o Shree Rajesh Joshi D/o Late Shree Jugal Kishore Sharma, R/o Joshiyon Ka Mahaulla, Old Tonk, Tonk.
5.
Anula Sharma @ Atula Sharma W/o Sandeep Sharma D/
o Jugal Kishore Sharma, R/o S-4B, Pratap Bhawan, Kabir Marg, Banipark, Jaipur.
6.
Adityendra Sharma S/o Late Shree Jugal Kishore Sharma, Resident Vaidhya Vatika, Diggi Malpura Road, Sanganer, District Jaipur.
----Respondents
For Appellant(s)
:
Mr. Prahlad Sharma with
Mr. Ramprasad
For Respondent(s)
:
Mr. J.P. Goyal, Sr. Adv. assisted by
Ms. Jyoti Swami,
Ms. Ronak Bansal,
Ms. Khushi Jain,
Ms. Shalini Mishra,
Mr. Naman Sharma,
Mr. Abhi Goyal,
Ms. Purvi Sharma,
Mr. Harshit Joshi,
Mr. K.N. Sharma,
Dr. Anil Sharma
HON'BLE MR. JUSTICE MANEESH SHARMA
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Order
06/08/2026
1. The present appeals as well as cross objection have been filed by the respective parties challenging the decrees arising out of a common Civil Suit No.75/2012.
2. Civil First Appeal No. 60/2013 and Cross Objection (Civil) No. 36/2013 have been respectively preferred by the appellants and
(3 of 5) [CFA-60/2013] Cross-Objectors against the preliminary decree dated 11.01.2013, whereas Civil First Appeal No. 85/2026, has been filed challenging the final decree dated 17.09.2025.
3. The matter has come up on an application (I.A. No. 01/2026) filed in First Appeal No. 60/2013, seeking modification of the preliminary decree dated 11.01.2013 as well as final decree dated 17.09.2025, in terms of the compromise dated 20.07.2026 arrived at among the parties as well as the site map annexed thereto.
4. All the parties to the appeals are present in person and have been duly identified by their respective counsels; their respective original identity cards have been seen and photocopies thereof are taken on record.
5. Learned counsel for the parties jointly submit that during the pendency of the present appeals, all the parties have amicably settled their dispute of their own free will and with a full understanding of the legal implications thereof, and have executed a compromise deed dated 20.07.2026, deciding to divide the subject matter of the suit property in terms of the said compromise and the site map annexed thereto.
6. They jointly pray that the present appeals may be disposed of, and the impugned preliminary decree dated 11.01.2013 and final decrees dated 17.09.2025 may kindly be modified in terms of the compromise dated 20.07.2026 and the map annexed thereto. They further state that the aforesaid compromise is genuine and lawful, and is not in contravention of any law in force.
7. Heard.
(4 of 5) [CFA-60/2013]
8. In view of the consensus arrived at between the parties, the impugned preliminary decree dated 11.01.2013, as well as the final decree dated 17.09.2025, passed by the learned Court below, stand modified in terms of the compromise dated 20.07.2026 and the map annexed thereto.
9. It is made clear that the parties shall be entitled to their respective shares in the suit property strictly in terms of the conditions enumerated in the compromise dated 20.07.2026 and the map annexed thereto.
10. Along with the application (I.A. No. 01/2026) filed in First Appeal No. 60/2013, the parties have placed on record the original compromise deed dated 20.07.2026 with the annexed site map; the same are taken on record and shall form a part of the preliminary decree dated 11.01.2013, as well as the final decree dated 17.09.2025, passed by the learned Court below.
11. At the same time, it is made clear that in case any of the parties flouts the conditions as agreed in the compromise deed dated 20.07.2026 and the site map annexed thereto, the other parties will be at liberty to move a recalling application or an application for the revival of the present appeals.
12. The Registry is directed to draw up the modified decrees in accordance with the observations made hereinabove, incorporating the compromise deed dated 20.07.2026 and the annexed site map thereto.
13. Additionally, since the parties have amicably settled their dispute by way of a compromise, the defect(s) as pointed out by the registry are waived off.
(5 of 5) [CFA-60/2013]
14. Consequently, First Appeal No. 60/2013, First Appeal No. 85/2026, and Cross-Objection No. 36/2013 stand disposed of in terms of the compromise dated 20.07.2026 and the site map annexed thereto.
15. As a necessary corollary, all pending applications, including I.A. No. 01/2026, stand disposed of. (MANEESH SHARMA),J 49-50 & 1-S/KESHAV GHIYA