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MILIND RAMESH PHADKE
Munnalal Shivhare – Appellant
Versus
Hanumant Kumari – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Shri N.K. Gupta, Senior Advocate alongwith Ms. Rashi Kushwah, Advocate
For the Respondent:Shri Saurabh Bhelsewale, Advocate

Headnote: Read headnote

ORDER

The present petition under Article 227 of the Constitution of India has been filed by petitioners being aggrieved by the order dated 02.02.2019 passed by the Second Civil Judge, Class-I, Sabalgarh, District Morena whereby an application preferred by the respondent/plaintiff under Section 151, 152, 153 of the IPC for deleting Condition No.2 i.e. imposed for getting the compromise decree registered of its execution has been rejected.

2. The petitioners are further aggrieved by the order dated 31.01.2019 whereby the compromise application preferred by the parties under Order 23 Rule 3 of the IPC was allowed with certain conditions.

3. Shri N.K. Gupta - Senior Advocate alongwith Ms. Rashi Kushwah - Advocate for the petitioners, while placing reliance in the matters of Bhoop Singh vs. Ram Singh Major & Others reported in AIR 1996 SC 196 and Mukesh vs. State of M.P. & Another passed in Civil Appeal No.14808 of 2024 [Arising Out of SLP (C) No.4293 of 2021], decided on 20.12.2024, has argued before this Court that the legal position qua Clause (vi) of Section 17(2) of the

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