RAM GOPAL Vs. RAMESHWAR SINGH

JUDGEMENT

(1.) THE present appeal has been filed by the appellant-original defendant No.7 challenging the order dated 17.9.09 passed by the learned Addl. District & Sessions Judge No.9, Jaipur City, Jaipur (hereinafter referred to as 'the trial court') by which the trial court has permitted the respondent Nos. 1 to 6 (original plaintiffs) to withdraw the suit against the defendants, on the basis of the compromise arrived at between the concerned parties and dismissing the suit against the present appellant-original defendant No.7.

(2.) THE short facts giving rise to the present appeal are that the respondent No. 1 to 6 (original plaintiffs) had filed the suit before the trial court in respect of the agricultural land bearing Khasra No. 119/1/1/3 and New No. 134 at village Jamdoli, Tehsil Kanota, District Jaipur, which was allotted to late Shri Rawat Singh. THE said Rawat Singh happened to be the father of the respondent Nos. 1 to 5. THE said Rawat Singh had subsequently executed one power of attorney in favour of respondent No.7, (original defendant No.2) Shri K.K. Bhati on 30.6.1993, on the basis of which Shri Bhati had executed one sale-deed in favour of respondent No.6 Keshav Vidyapeeth on 25th April, 1995. THE heirs of the said Rawat Singh i.e. respondent No. 1 to 5 had filed the suit for the cancellation of the said sale-deed dated 25th April, 1995 and for declaration and injunction as prayed for in the suit.