Advocates:
['SUDESH BANSAL', 'RAJENDRA PRASAD', '', 'SURYAPRATAP SINGH', 'PRAKASH CHANDRA JAIN', 'HARSH SAHU', 'DR P C JAIN']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 1277/2018

1. Laxmi Narain Sharma, S/o Late Shri Kishan Lal Ji Sharma,

aged about 60 years, B/c Brahman, R/o D-12, Amba Badi, Jaipur

Rajasthan.

2. Pyarelal Jat S/o Shri Lakshman Ram age 47 years, R/o 20/69,

Kaveri Path, Mansarovar, Jaipur.

----Appellants

Versus

1.

Nagar Nigam Jaipur Thorugh Mayor, Deen Dayal,

Upadhayay Bhawan, Lal Kothi, Tonk Road, Jaipur Raj.

2.

Jaipur Development Authority Through Secretary, Indra

Circle, Jawahar Lal Nehru Marg, Jaipur Rajasthan.

----Respondents

For Appellant(s)

:

Mr. Sudesh Bansal Adv.

For Respondent No.1

For Respondent No.2

:

:

Dr. P.C. Jain Adv.

Ms. Archana Adv. on behalf of

Mr. Anil Mehta, AAG

HON'BLE MRS. JUSTICE SABINA

Judgment / Order

10/04/2019

Appellants have filed this appeal challenging the order dated

21.02.2018, whereby, application moved by the appellant No.1

under Order 39 Rule 1 and 2 read with Section 151 Code of Civil

Procedure, 1908, was only partly allowed.

Vide order dated 01.03.2019, the case was sent to

mediation and conciliation center.

Learned counsel for the appellants and respondent No.2 have

submitted that the parties have amicably settled their dispute

before the mediation and conciliation center. No relief was claimed

against respondent No.1. Learned counsel for the appellants and

(2 of 3)

[CMA-1277/2018]

respondent No.1 have further submitted that this appeal is liable

to be allowed in view of amicable settlement arrived between the

parties before mediation and conciliation center.

The relevant portion of the mediation settlement reads as

under:-

"The Respondent No.2 JDA is having the

ownership rights over the land in dispute and both

parties are agreed that the land in dispute will be

used only as open lan/field/footpath and pathway

and as such, in future it will not be converted as for

the purpose of commercial use.

In view of aforesaid decision taken by the JDA,

Appellants-Plaintiff has agreed that their Civil Suit

No.(141/2007) 2126/2014 titled as Laxmi Narain

Sharma Vs. Nagar Nigam Jaipur & Others pending

before the Court of Additional District Judge No.2,

Jaipur Metropolitan and the appeal S.B. C.M.A.

No.1277/2018 titled as Laxmi Narain Sharma Vs.

Nagar Nigam Jaipur and Others arising out of

application for temporary injunction, may be allowed

and disposed off accordingly. The JDA has no

objection, in view of their decision.

Accordingly, in view of the mutual consents

between the parties about the land in dispute, in

aforesaid manner, the mediation is successful.

Both parties agrred that the Civil Suit No.

(141/2007) 2126/2014 titled as Laxmi Narain

Sharma Vs. Nagar Nigam Jaipur and Others pending

before the Court of Additional District Judge No.2,

Jaipur Metropolitan and the appeal S.B. C.M.A.

No.1277/2018 titled as Laxmi Narain Sharma Vs.

Nagar Nigam Jaipur and Others arising out of

application for temporary injunction, may be decided

in view of the present mediation settlement dated

29.03.2019. The decision/letter of JDA dated

(3 of 3)

[CMA-1277/2018]

29.03.2019 is part and parcel of this mediation

settlement.

In the facts and circumstances mentioned

above appellant and respondents mutually arrived at

on the settlement and have signed this mediation

settlement. The copy of the same may be forwarded

before Hon'ble High Court further passing appropriate

orders."

Accordingly, this appeal is disposed of in terms of amicable

settlement arrived between the parties before the mediation and

conciliation center. Consequently, the application moved by the

plaintiff for Temporary Injunction stands allowed.

(SABINA)J.

S.Kumawat-11