NANDA Vs. JAMNA LAL

JUDGEMENT

(1.) THIS application has been filed by applicants Smt. Jamni Devi and Smt. Shanti Devi seeking recall of order dt. 11.10.2012 passed by this Court in S.B. Civil Regular First Appeal No. 962/2011 (Nanda @ Nand Ram v. Jamna Lal & Ors.), whereby, on an application filed by the parties bringing to the notice of this Court that the parties have entered into compromise, the appeal was allowed in terms of the compromise. It is, inter alia, indicated in the application filed by the applicants that the respondent Jamna Lal had executed a sale deed in favour of the applicants in respect of agriculture land situated at Village - Asind by selling his 1/24 share in the property on 10.08.2010. Whereafter, a suit seeking permanent injunction and declaration was filed by the appellant - Nanda @ Nand Ram on 23.08.2010 before the Sub Divisional Magistrate, Gulabpura under Sec. 188 of the Rajasthan Tenancy Act, whereby, the applicants alongwith the respondent Jamna Lal were impleaded as parties. Alongwith the suit, an application under Sec. 212 of the Rajasthan Tenancy Act seeking temporary injunction was also filed.

(2.) IN the written statement filed by the respondent Jamna Lal, the plea raised by Nanda @ Nand Ram in the suit was denied and it was specifically averred that the respondent Jamna Lal has executed sale deed in favour of the applicants. Whereafter, on 15.04.2011, the appellant Nanda @ Nand Ram filed the suit from which CFA No. 962/2011 arose, before the trial Court under Sec. 77 of the Registration Act, 1908 seeking direction for registration of the sale deed said to have been executed by respondent Jamna Lal in his favour.

(3.) AGAINST the rejection of the suit, S.B. Civil Regular First Appeal No. 962/2011 was filed by Nanda @ Nand Ram. During pendency of the appeal, an application came to be filed by Nanda @ Nand Ram, inter alia indicating that the parties have entered into compromise and the respondent Jamna Lal was ready to appear before the Registrar, Asind for registration of the sale deed. Based on the application filed by the appellant Nanda @ Nand Ram, in the presence of counsel appearing for both the parties, the following order was passed: -