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1993 Supreme(Raj) 10

S.N.BHARGAVA
Hari Singh – Appellant
Versus
Ram Kumar – Respondent


Advocates Appeared:
Ashok Gaur, for Petitioner J.K. Singhi, R.K. Agarwal & M.L. Gupta, for Non-petitioners

Honble BHARGAVA, J.—This is a civil revision petition against the order of the learned Munsif and Judicial Magistrate, Kishangarh Bas dismissing the application of the petitioner under 0.23 R. 3 and refusing to record the compromise arrived at between the parties.

(2) Plaintiff petitioner had filed the present suit on 27.11.1989 seeking a permanent injunction against the defendant non-petitioners restraining them from interfering with the coming and going in the way and that they should not construct any building so as to obstruct the way and further the obstruction which has been created by digging the foundation should be removed. The defendants filed the written statement on 4.12.1989 controverting the facts alleged by the plaintiff-petitioner and praying that the suit be dismissed. Even before the issues were framed plaintiff petitioner filed an application under 0.23 R. 3 read with section 151 CPC on 31.5.1990 praying that the parties had entered into a compromise on 29.11.1989 which was typed by the petition- writer and original of which was in the possession of the defendants which they have failed to produce in court and which is duly signed by the parties, who were identifi
























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