1 THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.3556/2007. Smt.Shikha Karnawat.. VERSUS Smt.Indra Devi Simlot. 25.04.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.R.K.Agarwal, for the appellant. Mr.G.K.Garg ] Mr.M.M.Ranjan ] for the respondent. ***** An application has been filed jointly on behalf of the appellant and the respondent with the prayer that the appeal may be allowed to be withdrawn in view of the compromise arrived at between the parties which has been recorded in the terms and conditions mentioned in the said application. The said application is signed by the learned counsel for the parties under the instructions from their respective clients. This appeal is accordingly disposed of with the following terms:- 1. That the parties shall appear before the learned trial court on 29.04.2008 to verify the aforesaid agreement and attest the same. 2. That the learned trial court shall upon the attestation of the aforesaid compromise agreement, pass a decree in terms thereof, as mentioned in the aforesaid application, indicating therein that she execute the sale- deed in favour of the plaintiff on payment of balance consideration in terms of the agreement 2 dated 13.02.2007 on or before 05.05.2008. 3. That the plaintiff shall prepare the draft sale-deed on the requisite stamps at her own cost and expenses and present the same for being executed by the defendant on or before 05.05.2008 on receipt of the balance consideration by means of demand draft either before the learned court below or before the registering authority, as may be agreed upon between the parties. 4. That the defendant undertakes that the she would withdraw all the objections in respect of the land in dispute and reiterates that the title of the defendant is perfect and the property in dispute is not encumbered in any manner. 5. That it is further agreed between the parties that in case the plaintiff does not comply with the conditions of payment of balance consideration by means of demand draft on or before 05.05.2008 in favour of the defendant, the plaintiff would loose the right to get the sale-deed executed in her favour and the defendant would be entitled by way of forfeiture to retain the advance amount of Rs.5,51,000/- which was paid to the defendant at the time of execution of the agreement dated 13.02.2007. 6. That it is further agreed between the parties that the plaintiff would be entitled to get the sale-deed executed either in her own favour or in favour of her nominees i.e. her husband Prashant Karnawat son of Shri Santosh 3 Karnawat or Smt.Ritu Karnawat wife of Puneet Karnawat. 7. That in case the above conditions are fulfilled by the plaintiff within the time specified and as agreed between the parties and the defendant fails to comply by way of executing the sale-deed despite the payment being offered or made by the plaintiff, the plaintiff would be entitled to get the sale- deed executed through the court. In view of the above, this appeal as well as the stay application and the applications dated 18.02.2008 and 09.04.2008 stand disposed of. The Registry is directed to return the original application to the counsel for the appellant after retaining a certified copy of the same on record. (DALIP SINGH),J. Solanki DS, Jr.P.A.