STATE OF MADHYA PRADESH Vs. KUMARI RITU BHADORIYA

JUDGEMENT

(1.) This Review Petition has been filed for review / recall of the order/judgment dated 4.9.2019 passed in Second Appeal No. 40/2015 (Ku. Ritu Bhadoriya and others vs. Bhamwari Bai and others) , whereby the second appeal was disposed of in terms of the compromise arrived at between the parties.

(2.) On 4th September, 2019 in Second Appeal No. 40/2015, an order was passed on the application filed by the parties under Order 23 Rule 3 CPC, for disposal of the appeal on the basis of compromise between the parties. The compromise was duly verified by the Principal Registrar of this Bench. This Court passed following order :-

(3.) On perusal of record, it is apparent that earlier Sundara was the owner of the disputed land. Learned counsel for the State has submitted that Sundara belongs to Scheduled Tribe community, therefore, there is a restriction under Section 165 (6) of Madhya Pradesh Land Revenue Code with regard to transfer of land. Hence, prays for reviewing/recalling the impugned order in the teeth of the new fact as aforesaid, which was not brought before this Court at the time of passing the order under review.