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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH JAIPUR

ORDER

S.B. CIVIL MISC. APPLICATION NO.125/2011

IN

S.B. CIVIL REVISION PETITION NO.112/1999

Kanhaiya Lal Rathore

Versus

Uma Shankar Singodia

DATE OF ORDER --- November 14,2011

PRESENT

HON’BLE MR.JUSTICE PREM SHANKER ASOPA

Mr.Rajendra Kumar Sharma, for the petitioner

Mr.Reasham Bhargava, for the non-petitioner

BY THE COURT

(1)

By this miscellaneous application, the petitioner has prayed

for revision and revival of the order dated 26.4.2002 whereby SB

Civil Revision Petition No.112/1999 was dismissed in view of the

settlement arrived at between the parties and the stay petition was

also dismissed. The petitioner has further prayed to amend the

order and direction dated 6.2.2002 by passing appropriate order

and direction to the respondent to make the payment of

Rs.50,000/- in place of Rs.10,000/- per month to the applicant

Smt. Geeta Devi who is the legal heir of late Kanhaiya Lal Rathore,

original defendant-petitioner in SB Civil Revision No.112/1999.

Smt.Savitri Devi and the applicant Smt.Geeta Devi were broguth on

record in the aforesaid civil revision petition after the death of the

original defendant-petitioner Kanhaiya Lal Rathore. Subsequently,

Smt.Savitri Devi also died on 24.12.2002.

(2)

Briefly stated the facts of the case are that the plaintiff-non

petitioner Uma Shankar Singodia filed Civil Suit No.51/1997 for

rendition of accounts and perpetual injunction against the original

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defendant Kanhaiya Lal which is pending in the court of Addl. Distt.

Judge No.1, Ajmer titled Uma Shankar Singodia V. Kanhaiya Lal

wherein an application under Order 7 Rule 11 CPC was filed by the

original defendant on the ground that the civil suit is not

maintainable on account of the availability of alternative remedy of

arbitration as per the partnership deed which was rejected on

15.10.1998, against which, the aforesaid SB Civil Revision Petition

No.112/1999 was filed by the original defendant-petitioner

Kanhaiya Lal Rathore. During the pendency of the aforesaid

revision petition, the original defendant Kanhaiya Lal Rathore died

and his legal heirs Smt.Savitri Devi (wife) and the petitioner

Smt.Geeta Devi (daughter) were brought on record on 4.1.2002

and the compromise was arrived at between the parties on

6.2.2002 which was duly attested by the Deputy Registrar (Judicial)

of this Court. According to para 3 of the aforesaid compromise

dated l6.2.2002, the plaintiff Uma Shankar had agreed to make

payment of Rs.10,000/- per month to Smt.Savitri Devi by

depositing the same in her bank account. Smt.Savitri Devi and the

applicant Smt.Geeta Devi are the signatories to the said

compromise being wife and the daughter of the original defendant

Kanhaiya Lal Rathore. The said revision petition was dismissed as

having become infructuous in view of the settlement on 26.4.2002

and thereafter, Smt.Savitri Devi died on 24.12.2002, therefore, the

present miscellaneous application has been filed by the applicant

Smt.Geeta Devi for the aforesaid relief as specified in para 1 of this

order.

(3)

The compromise dated 6.2.2002 (Anx.2) is as follows:

"माननीय राजथान उच यायालय पीठ, जयपुर ।

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एस.बी. सवल रवीजन नंबर- 112/99

कहैयालाल बनाम उमाशंकर सगोदया

राजीनामा/समझौता

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क पकार का नन कार से आपस म समझौता हो गया है-

1. यह क कहैयालाल जी क मृयु के पात अब होटल अशोक के बंधक का काय

ी उमाशंकर सगोदया कया करग। िजसम ीमती साव बाई व ीमती गीता

देवी कसी कार का हतेप नहं करेगी।

2. यह क होटल क पूण िजमेदार िजसम समत खच शामल है वो ी उमाशंकर

सगोदया कया करगे।

3. यह क ी उमाशंकर येक माह क तारख 5 तक पये 10,000 पये दस हजार

पये होटल के हसाब के पेटे ीमती साव देवी को अदा करग जो हर प म

ीमत साव देवी के खाता संया ,बक का , म जमा करा दग। ीमती साव

देवी एक साह म अकाउट बक म खोलकर खाता नंबर बता दगी।

अत: ाथना