"^c- c^oV- JN THE HIGH COIAT OF CHHATTISG^KH AT BILASPUB. SECCND APISAL N0. SPPELLANT ^EFB^D/INT ^ ^y^ ^/' .•' ^'^.•' ./'.€^" -^y" y RESPCNDENT PI.AfflTIFF i^ OF 2003. Smt, Pumiaa Tiwari, W/o Shri Brije@dra Mohan Tiwari, A^ed about 48 years, B/o la froRt of GoveMiaeRt Hospitai, Bias Stanel Road, Kota, Tahsil Kota, Distriet Bilaspur, (C»G«). y E s s u s jawahar Lal Tiwari, S/o ^ Shri Bifoari Lal, Aged about 55 years, B/o Bajarpara, Kota, Tahsil Kota, District Bilaspur, (C.G»), MEMO OF APPEAL LNCER SECTIOi^lQO QF Tffi CODE OF IZIVIL KiOCEDURE.1908. XI-HC-78 ^n^T^Tf^fw ^[TW^T9h^l<=n •^ ^; ^ ^ <-mc<ii sh^icn 3^T^i<4id<4, ^€twr^,f^rey ^^. .-SA 1&.4./.03.».^ 200 sn^rq^T ('ici^<si<^T) ^RiTW^T^T^T chi^d^-i w^ff ^r te^t <l^^i< ^sri^fTsn^r 12/9/2006 Heard Shri Rajesh Pandey Shri Vinod Deshmukh, iearned co of 2006, to pass a compromise tearned counsel for the appellant and jnsel for the Caveator on i.A. No.2240 idecree as per terms and conditions mentioned in para 4 ofthis app!icat|on. The brief facts of the case I suit for eviction and arrears of rent same has been decreed bytheTria] ire that the respondent/ plaintiff filed a against the defendant / appeilam and Court In the foliowing terms: (ii) The defendant shali (O Th4 defendant shal! ^and over the vacant possession of suit house by 6/5/2002 )ay the arrears of rent to the plaintiff within a period of t^o months and the plaintiff shai! be entffled to execute theldecree. (is'i) The defendant to bea|" the cost of the suit born by himseif and afso by the plaintiff. The Civi! appea! preferred fc|y the appeliant / defendant has a!so been dismissed by the impugned juc(gment and decree. The joint appiication for pass| terms and conditions mentioned bei^ ing of compromise decree as per the ?w, preferred by the appeliant and the_ XI-HC-78 ^n^T^Tf^TNr cTSTTW?ST$b^|ch *11*1dl?h+1ich T^T-^TraT^PT, ^Tn^<l<o, (^crlKiy ,.^a.J^^^..... ^[200 311^1 M^cb (<ic<i^<s«3^T) ^RTT^K ^rf?cf W^HT <=hi^?<n41r< ^i^<nT^?te1c^'<I^^i< ^3Tf^T3:nit^T €:- v-~--.^/ respondent is duiy signed by fc| supported by their affidavits. Ap] and respondent / plaintiff Shri Js| They have verified the contef| compromise decree and stated th| consent, wlthout coercion or pre| The terms and conditions cn whil are detaiied in ^ paragraph 4 of 1 reproduced as under: (i) (ii) that, the a| possession immediately Court. that, the res^ any sort of ^ balance rent house and a reiating to si can claim the oth of them. This appiication is also peilant / defendant Smt. Purnima Tiwari wahar La! Tiwari are presentin person. ts of the application for passing of at the same has been fi!ed with their free ssure and without any undue influence. ;h the suit is sought to be compromised the compromise apptication whlch are ppeilant shai! surrender the vacant sf the suit house to the respondent after passing the decree by this Hon'ble icndent shail not ciaim any damages or laim re!ating to the suit house inciuding e!ectricity bill, municipa! taxes of suit iy other monetary ioss occurred to him lit house; nor his iega! representatives same against the appeliant. .^. ,0' XI-HC-78 tTTRt'n l?h*11<sh 3'ST^TPTT^T, ^Tf1<rlll<o, f^ollHy ^^...SA.tfc.t<^..^200 arr^Ttra^? (y<^s«^) 3TI^T^)T^ich ^T^T^Tsh^l^ ^<n^i<^i^ci <+)Nfd41'l W:Rff^tec^'<Ri^< Ir(W*ST[^I •^ (Jil) That, a!l ca^ dlspute rega shall come tb settiement b However, the parti condition mentioned in thi the same may be omitteci ThisCourtis satisfi' the suit by lawfui comproi|nise and conditions No. 1 and 3 AGCordingly the is alloweld and in place of| Coyrt below the suit is decl is|es and cross cases or any compiaint or t'ding the suit house between the parties an end in light of the above amicabie ttween the parties. i^s to the appea! do not press the third compromise appiication and agree that rom compromise decree. |d thatthe parties have adjusted the lis of and a compromise decree in terms of t'ne agreement, can be passed ap|5Jication for passing compromise decree |the judgment and decree passed by the iect'eed asunder: (i) that, the appellant of the suit house |ha!I surrender the vacant possession |o the respondent immediateiy after (ii) passing this decree| that, the respondenj sort of cjalm relatin^ rent, electrics'ty bi!!, t shati not ciajm any damages or any to the sult house inciuding balance munjcipal taxes of suit house and XI-HC-78 3:n^r ^r RPTT^ ^rr3TT^T5b^i<=b ^-;. ^^ ^ *1T*1<?r[T ^t-lT^l 3^T ^TRT^RT, ^^^(0, fs|^W^< j^».^A»..I.U4<l< «OS»^- 200 M. 3^1^l ^5|cb (^ll^^) ?^TW: ^fgcT 3^?T any other monetaryl house; nor his iega!| against the appeilar^t The conditions No.|1 application shai! be the par|E Accordingiy, the ins| and 2 mentioned in the compromise and parcei ofthe decree. |ant appeal is disposed_ Sd/- Dhirendra Mishra 1 Judge cbi^ld41^ w^rf^te^t<Ri^K ^3Tf^T 317^1 loss occurred to him relating to suit representatives can c!aim the same P.T.O.