DINESH AND OTHERS Vs. MOHANLAL AND OTHERS

JUDGEMENT

(1.) This review petition is filed by the petitioners for recalling of order dated 06/11/2012 passed in M.A. No.449/2011.

(2.) Facts in brief are that the petitioners - Dinesh, Deepak, Rajendra, Gulab Bai, Sualal and Chhatar Singh filed a Civil Suit No.260/2009 against respondents - Mohanlal and Mogabai @ Seetabai before 7th Civil Judge, Class-II, Indore for declaration of title and injunction on certain agricultural land. In this Civil Suit, both the parties (Petitioner/Plaintiff in person and Respondent/Defendant through attorney Prem Singh) amicably settled their dispute and filed a compromise under Order XXIII Rule 3 CPC which was allowed. Suit was decreed and a decree was drawn according to the compromise.

(3.) Respondents - Mohanlal and Mogabai challenged this judgment and decree by filing a Regular Civil Appeal No.19/2010 before 15th Additional District Judge (Fast Track) Indore, stating that they have never executed any Power of Attorney in favour of Premsingh S/o Basantilal (who had compromised the case on behalf of the respondents) and the petitioners have fabricated power of attorney in favour of real maternal uncle of petitioners No.1-3 and brother of petitioner No.4 Premsingh S/o Basantilal. This appeal was allowed vide judgment dated 08/12/2010 and judgment and decree dated 24/08/2009 passed by Civil Judge, Class-II on the basis of the compromise between the parties was set aside and the matter was remanded back to the trial Court with direction to reconsider the whole controversy after granting opportunity of hearing to both the parties and to decide the matter afresh according to the law.