GAGJIBHAI CHATURBHAI KOLI PATEL Vs. RANJITBHAI DHARMASHIBHAI CHAUHAN

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, is filed by the petitioners - original plaintiffs challenging the common order passed below Exhibits - 47 & 48 dtd. 7/5/2022 by Additional Civil Judge, Limbdi in Regular Civil Suit No.259 of 2020, whereby defendant Nos.1 & 2 both have withdrawn their consent to an agreement entered into between the parties vide Exhibit - 42 as also the consent given for withdrawal of counter-claim vide Exhibit - 43, the defendants have prayed that they be permitted to withdraw the same, which was granted by the Court.

(2.) It appears that during the course of a suit, vide Exhibit -42, party entered into an agreement and produced a consent pursis without therein mentioning any terms thereof as also the defendant Nos.1 and 2 gave an application for withdrawing their counter-claim. Both these applications Exhibits - 42 & 43, are submitted before the Court on 16/2/2022. Compromise deed and Exhibit -43 an application for withdrawal of counter-claim appear to have been ordered to be recorded by the concerned Court on 16/2/2022 but no decree came to be passed based thereon on that day and matter was adjourned. Subsequently, it appears that the terms of settlement which they agreed outside the Court and not reduced into writing in the consent pursis presented before the Court, the defendant Nos.1 & 2 appear to have withdrawn, their consent to compromise as also their application praying for withdrawal of their counter-claim, pursuant to a compromise entered into between them, before the said compromise is acted upon and based thereon any judgment and decree is rendered by the Court.

(3.) Mr. Rahul Dave, learned advocate for the petitioners - plaintiffs submitted that having pocketed part of the payment, the defendants have turned their back and therefore, they should not be permitted to withdraw their consent to the compromise and Court should pass a judgment and decree in terms of compromise pursis submitted, as aforesaid, as also the counter-claim, which is withdrawn by the defendants. He has further submitted that there are witnesses to the payment made and therefore, they be compelled to act according to their consent given in the compromise pursis Exhibit -42 and application Exhibits - 47 & 48, which is filed for withdrawing their consent to the compromise pursis and withdrawal of their application to withdraw the counter-claim, be rejected and petition be allowed.