Rajasthan High Court

CFA/657/2016 of DEEPAK KUMAR SHARMA Vs HANUMAN PRASAD SHAMRA AND ORS on 6 August 2026

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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 657/2016 CNR: RJHC020200582016 | URN: CFA / 1137U / 2016 Deepak Kumar Sharma S/o Shri Hanuman Prasad Sharma, House No. 129, Ist Floor, Phase III, Jhalana Doongri, Jaipur Raj ----Appellant Versus 1. Hanuman Prasad Sharma S/o

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil First Appeal No. 657/2016

CNR: RJHC020200582016 | URN: CFA / 1137U / 2016

Deepak Kumar Sharma S/o Shri Hanuman Prasad Sharma, House No. 129, Ist Floor, Phase III, Jhalana Doongri, Jaipur Raj

----Appellant

Versus

1.

Hanuman Prasad Sharma S/o Shri Kanhiya Lal, R/o Saraswat Bhawan, Near Old Bus Stand, Village And Post Singhana, Distt. Jhunjhunu.

2.

Vijay Kumar Sharma S/o Shri Hanuman Prasad Sharma House No. 143, Ist Floor, Phase III, Jhalana Doongri, Jaipur Raj

3.

Ajay Kumar Sharma S/o Shri Hanuman Prasad Sharma House No. 127, Ist Floor, Phase III, Jhalana Doongri, Jaipur

4.

Jyoti Sharma D/o Shri Hanuman Prasad Sharma W/o Shri Brij Bihari Sharma, R/o 3 M A/411, Indira Gandho Nagar, Kundanpura Jagatpura, Jaipur

----Respondents

Connected With

S.B. Civil First Appeal No. 48/2017

CNR: RJHC020090442017 | URN: CFA / 79U / 2017

Hanuman Parasad Sharma S/o Late Shri Kanhiya Lal, Saraswat Bhawan, Near Old Bus Stand, Post Singhana, Distt. Jhunjhunu Raj.

----Appellant

Versus

1.

Deepak Sharma S/o Shri Hanuman Prasad Sharma, House No.129, First Floor, Phase-III, Jhalana Dungari, Jaipur Raj.

2.

Vijay Kumar Sharma S/o Shri Hanuman Prasad Sharma House No.143, Phase- III Jhalana Dungari, Jaipur Raj.

3.

Ajay Kumar Sharma S/o Shri Hanuman Prasad Sharma House No.127, Phase- III Jhalana Dungari, Jaipur Raj.

4.

Jyoti Sharma D/o Shri Hanuman Prasad Sharma W/o Shri Brij Bihari Sharma 3-M-A/411, Indra Gandhi Nagar,

(2 of 4)

[CFA-657/2016]

Kundunpura, Jagatpura, Jaipur Raj.

----Respondents

For Appellant(s)

:

Mr. Mohammed Anees (657/2016),

Mr. T. C. Sharma (48/2017)

For Respondent(s)

:

Mr. T. C. Sharma (657/2016)

HON'BLE MR. JUSTICE MANEESH SHARMA

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Order

06/08/2026 I n S.B. Civil First Appeal No. 657/2016 and S.B. Civil First

Appeal No. 48/2017:- The present appeals have been filed at the behest of the appellants assailing the judgment and 05.10.2016 passed by the learned Additional District judge, Khetari, District Jhunjhunu in Civil Suit No. 35/2009, titled as 'Deepak Kumar Sharma v. Hanuman Prasad Sharma & Ors.', whereby the suit filed by the appellant i.e. Deepak Kumar Sharma for partition and permanent injunction was partially decreed. IA No. 1/2026 in S.B. Civil First Appeal No. 657/2016

1. Matter comes up on an application (IA No. 1/2026) filed by the appellant for taking the compromise dated 18.01.2026 on record.

2. Learned counsel for the respondents does not oppose the same, therefore, for the reasons mentioned in the application (IA No. 1/2026), photocopy of the compromise dated 18.01.2026 is taken on record.

4. Learned counsel for the appellants submit that the appellants i.e. Deepak Kumar Sharma and Hanuman Prasad Sharma have

(3 of 4) [CFA-657/2016] amicably settled their dispute out of their own free will, without coercion, fraud, collusion or misrepresentation with a full understanding of the implications thereof, and have executed a compromise deed dated 18.01.2026 settling the dispute with respect to the suit property, photo copy of which has been annexed as Annexure-A/1 with the said application and state that the aforesaid compromise is genuine and lawful and is not in contravention of any law in force and pray accordingly.

5. During the course of arguments, and upon instructions from their clients, learned counsel for the appellants i.e. Deepak Kumar Sharma and Hanuman Prasad Sharma submit that possession of hall, store room and let-bath has been handed over and free access from the passage has been given and they are in the process of executing the final documents pursuant to the compromise dated 18.01.2026. Therefore, seeks permission to withdraw the present appeals in terms of the compromise dated 18.01.2026 with liberty to the respective appellants i.e. Deepak Kumar Sharma and Hanuman Prasad Sharma to move an application for revival of the appeals in case any of the appellants i.e. Deepak Kumar Sharma and Hanuman Prasad Sharma violates the terms and conditions of the compromise dated 18.01.2026.

6. Heard.

7. In view of the submissions made hereinabove, both the first appeals (S.B. Civil First Appeal No. 657/2016 and S.B. Civil First Appeal No. 48/2017) stand dismissed as withdrawn in light of the compromise dated 18.01.2026, with liberty to the respective appellants i.e. Deepak Kumar Sharma and Hanuman Prasad

(4 of 4) [CFA-657/2016] Sharma, that in case either of the appellants violates any of the terms and conditions enumerated in the compromise dated 18.01.2026, the respective appellant shall be at liberty to move an application for revival of the appeal.

8. As a sequel thereto, the Stay Applications and all other pending applications, if any, stand disposed of. (MANEESH SHARMA),J 52-53/Seema

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