DILIP MEHTA Vs. RAKESH GUPTA

JUDGEMENT

(1.) Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging compromise decree dtd. 14/5/2022 passed in RCS No.229-A/2022 by Lok Adalat, Jabalpur.

(2.) Virendra Patel who is respondent No.3 in this petition had entered into an agreement to sale with respondent No.1 namely Rakesh Gupta on 21/1/2009. Virendra Patel is power of attorney holder on behalf of owner Siya Bai granted to him on 29/11/2008.

(3.) Respondents No.1 and 2 namely Rakesh Gupta and Neeraj Jain filed civil suit No.229-A/2022 against respondent No.3 namely Virendra Patel for specific performance of contract. In said suit a joint application was filed by plaintiffs and defendant under Order 23 Rule 3 of the CPC for passing of decree on basis of compromise. On basis of said application, statements of parties were recorded. Factum of compromise was verified and application was allowed and decree was prepared accordingly. Registered sale deed was executed in favour of respondent No.1 on basis of decree dtd. 14/5/2022 by respondent No.3 in Office of Sub-Registrar, Jabalpur on 22/7/2022.