KUSUM SHARMA W/O LT. SHRI DINESH MISHRA, VS SUSHILA MAHARSHI W/O SHRI RAVIKANT MAHARSHI D/O LT. SHRI DAULAL MISHRA,
- Court
- Rajasthan High Court
- Bench
- Jaipur
- Date
- 31 Aug 2026
- Citation / case number
- CW / 13175 / 2025
Summary
The petitioner sought setting aside of the compromise decree as an independent third party claiming rights in the properties. HELD- A third party independently claiming rights is not barred by Order XXIII Rule 3-A CPC from pursuing appropriate remedies. However, her disputed marital status and locus could not be decided under Section 151 CPC read with Order XXIII Rule 3. Trial Court’s findings on status were without jurisdiction; petitioner left free to pursue appropriate remedy.
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