Madhya Pradesh High Court
FA/334/2019 of NALINI PAWAR Vs PRATAPRAV DHOLE on 24 September 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEYON THE 5[th] OF JANUARY, 2024
FIRST APPEAL No. 334 of 2019
BETWEEN:-
NALINI PAWAR SINCE DECEASED THROUGH LRSA. ABHISHEK PAWAR S/O LATE SHRI MANIKANTPAWAR, AGED 30 YEARS, OCCUPATION PRIVATE JOB,R/O ASHOK MOHALLA, CHHAPPAR WALA POOL,SHINDE KI CHHAWANI, NEAR LUCKY TAILOR,LASHKAR, GWALIOR (MADHYA PRADESH).B. SMT. NEHA SONONE W/O SHRI ABHISHEK SONONE,AGED 36 YEARS, OCCUPATION HOUSEWIFE, R/O NEARVIKAS NAGAR KRISHI UPAJ MANDI, JABALPUR(MADHYA PRADESH)C.SMT. MEGHA SURYAVANSHI W/O SHRI GAURAVSURYAVANSHI, AGED 34 YERS, OCCUPATIONHOUSEWIFE, R/O TRIVENI CHOWK, PAAN PATTE KIGOTH, LASHKAR, GWALIOR (MADHYA PRADESH).
(BY SHRI ANMOL KHEDKAR - ADVOCATE )
.....APPELLANTS
AND
1.PRATAPRAV DHOLE S/O LATE GANGAJIRAVDHOLE, AGED ABOUT 70 YEARS, OCCUPATION:PENSIONER, R/O ASHOK MOHALLAKAMALSINGH KA BAG SHINDE KI CHHAWANI,LASHKAR, GWALIOR (MADHYA PRADESH)DHOLE, AGED ABOUT 70 YEARS, OCCUPATION:PENSIONER, R/O ASHOK MOHALLAKAMALSINGH KA BAG SHINDE KI CHHAWANI,LASHKAR, GWALIOR (MADHYA PRADESH)
2.THR. AYUKT NAGAR PALIK NIGAM CITY CENTERGWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENT NO. 1 BY SHRI SHASHANK INDAPURKAR - ADVOCATEAND RESPONDENT NO. 2 BY SHRI ANKUR MAHESHWARI - ADVOCATE)
This appeal coming on for orders this day, th e court passed the following:
JUDGMENT
Heard on IA. No.2109 of 2023, an application under Order XXIII Rule 3of the Code of Civil Procedure, 1908.
Page 1 of 2
This appeal by defendant is directed against the judgment and decreedated22/11/2018 passed by 14th Additional District Judge Gwalior in Civil SuitNo.06-A/2011.
After notice respondents have entered appearance. Respondent No. 1 isa contesting party; whereas, respondent no. 2- Municipal Corporation, Gwalioris a formal party.
On perusal of the averments in the application, it appears that both theparties have entered into the compromise and settled their disputes anddifferences amicably. Statements of the parties have also been recorded beforethe Principal Registrar of this Court on 29/8/2023 in terms of the order passedby this Court on 22/8/2023 itself.
In view of the aforesaid, this appeal is disposed of with the followingorder:
(i) That the terms and conditions mentioned in the application under reference (I.A.No. 2109/2023) shall be binding upon the parties;
(ii) Impugned judgment and decree passed by court below ismodified accordingly;
(iii) The Registry shall draw a decree in terms of the compromiserecorded in the application vide IA. No2109/2023.
JPS/-
(ROOPESH CHANDRA VARSHNEY)JUDGE
Page 2 of 2
Loading citations and judicial treatment…