SEM CHAND Vs. RAMGOPAL
LAWS(RAJ)-2017-7-39
HIGH COURT OF RAJASTHAN
Decided on July 07,2017

Sem Chand Appellant
VERSUS
RAMGOPAL Respondents

JUDGEMENT

VIRENDRA KUMAR MATHUR, J. - (1.) This Review Petition was filed by Sem Chand s/o late Shri Amarnath, aged 80 years, against the judgment dated 09.12.2016 passed in S.B. Civil First Appeal No. 197/2014.
(2.) Brief facts of the case as stated by petitioner are that a Civil Original Suit No. 43/2012 was filed by the respondent-plaintiffs before the Additional District Judge, Abu Road, for cancellation of Will and partition of the property by their father (petitioner), which they claimed to be ancestral in nature. The petitioner Sem Chand, who is said to be 80 years of age, stated that his children have ousted him from his house forcibly and he is living in Vradhashram, namely Navjeevan Sansthan, Jodhpur.
(3.) On 09.12.2016, after hearing the parties who were present before the Court and recording their consent, in view of compromise between the parties in the open Court, the appeal was disposed of by judgment dated 09.12.2016. The operative portion of the judgment reads as under: "Accordingly, it is ordered that children will live in the house i.e. Plot No. 40, Paradise Colony, Behind Police Station, Dannavav Taleti, Abu Road and they will be allowed to rent out the part of the property so that amount pay be paid for maintenance of their father. The account number of respondent Sem Chand shall make available to his counsel and Mr. D.D. Chitlangia, learned counsel is directed to intimate the account number of Sem Chand to the appellants through their counsel for the appellants, who will deposit the amount of Rs. 2,500/- regularly each month by 10th of every month in the said account. Respondent is directed to deposit Rs. 500/- per month to 'Vradhasharam' at Jodhpur as rent thereto to 'Vradhasharam' authorities are accordingly directed to accept said amount as rent as well as other expense for 80 years old age Sem Chand. If any other difficulty arises, the authorities of 'Vardhasharam' shall be at liberty to approach this Court by filling a separate application. In view of the above, the first appeal stands disposed of in terms of the order passed as above. The decree sheet be prepared accordingly." ;


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