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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Nasir Bakhsh S/o Late Shri Imam Bakhsh – Appellant
Versus
Kausar Bano W/o Late Shri Iman Bakhsh – Respondent
ORDER :
Amitendra Kishore Prasad, J.
1. This civil revision has been preferred by the applicants being aggrieved by the order dated 20.01.2026 passed by the learned Fifteenth Additional Judge, Junior Division to the Court of First Civil Judge, Raipur, District Raipur (C.G.) in Civil Suit No. 365A/2024, whereby the joint application filed by the plaintiffs and defendant No. 1 under Order 23 Rule 3 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) has been rejected.
2. By way of this civil revision, the applicants have prayed for following relief:-
“It is therefore prayed that the Hon'ble Court may kindly be please to allow this revision application and may kindly allow application under O 23 R 3 CPC and further disposed off the civil suit as per compromise deed entered by the parties in the interest of justice.”
3. Brief facts of the case, in a nutshell are that the applicants/plaintiffs are real brothers. Their father, Late Shri Imam Bakhsh, was the recorded Bhumiswami and owner of agricultural lands bearing Khasra No. 41/2 admeasuring 0.3240 hectares, Khasra No. 41/3 admeasuring 0.6600 hectares and Khasra No. 42/3 admeasuring 1.0510 hectares, total three Khasras admeasuring 2.035
In partition suits, a compromise among co-owners is valid even in the presence of third-party claims, provided it does not extinguish their rights.
(1) Daughter has been recognised and treated as a coparcener by birth with equal rights and liabilities as of that of a son – It is not necessary that a coparcener whose daughter is conferred with ri....
Compromise decrees in partition suits involving minors without their inclusion are void and can be challenged based on coercion or lack of lawful procedure.
(1) Compromise of suit – No suit shall lie to set aside a decree on the ground that compromise on which decree is based was not lawful. However, when there is a dispute as to whether an adjustment or....
A party cannot challenge a compromise decree through a separate suit due to the restrictions imposed by Order 23 Rule 3-A of the Civil Procedure Code.
Family property - family settlement must be a bona fide one in order to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various member....
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