Supreme Court of India
Shri Jain Shwetamber Shri Sangh … vs State Of Rajasthan on 6 January, 2025
Author: Rajesh Bindal
Bench: Rajesh Bindal, J.K. Maheshwari
2025 INSC 41 NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. ……………. OF 2025
(Arising out of S.L.P. (C) No.25759 of 2023)
SHRI JAIN SHWETAMBER SHRI
SANGH PANJIKRIT SANSTHA,
THROUGH PRESIDENT … Appellant(s)
VERSUS
STATE OF RAJASTHAN AND OTHERS … Respondent(s)
JUDGMENT
Rajesh Bindal, J.
1. Leave granted.
2. The appellant approached this Court impugning the
judgment1 of the High Court2 passed in S.B. Civil First Appeal No.1015
of 2019. Vide the aforesaid judgment, appeal challenging the
Signature Not Verified
Digitally signed by
ASHA SUNDRIYAL
Date: 2025.01.08
14:45:32 IST
Reason:
1
Dated 02.08.2023
2
Rajasthan High Court, Bench at Jaipur
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judgment and decree3 passed by the Trial Court in Civil Suit No.22 of
2017, was dismissed.
3. This Court vide order dated 01.12.2023, considering the lis
between the parties, and with their consent, referred the matter to
mediation and as agreed, Hon’ble Mr. Justice S. Ravindra Bhat, Former
Judge of this Court, was appointed as mediator. The report of
mediation has been received and a Compromise Agreement has been
signed by the parties on 07.12.2024. In terms of the agreement, a sum
of ₹8,11,00,000/- (Rupees Eight Crores and Eleven Lakhs only) is to be
paid by respondent no.4 to the appellant. Whereas, in accordance to
the terms between the parties, ₹11,00,000/- (Rupees Eleven Lakhs
only) was paid at the time of execution of the Compromise Agreement
vide Cheque No.228699 dated 24.10.2024 drawn on Punjab National
Bank.
4. The terms settled between the parties are extracted below:
“5. That as a result of the sincere efforts of the
Mediator – Hon’ble Mr. Justice (Retd) S. Ravindra Bhat,
party no.1 and party no.2 have amicably settled all the
3
Dated 12.07.2019
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disputes and issues between them on the followingterms:-
(i) That party no.1 Shri Jain Shwetambar Shree
Sangh or its office bearers shall have no right,
title, interest, possessionor claim in the
Dadabari complex. The Dadabari complex
and all the movable and immovable property
including the Bhandars will be of the sole
ownership, possession and management of
the party no.2 i.e. Shri Jain Shwetambar
Khartargachh Sangh.
(ii) The two temples in Ajmer city (Sambhavnath
Bhagwan ka Mandir, Lakhan Kothri, Ajmer,
and Rishabhdev Bhagwan ka Mandir, Sundar
Vilas, Ajmer) and all the movable and
immovable properties thereof shall be
owned and managed solely by party no.1 Shri
Jain Shwetambar Shree Sangh. Party no.2 Shri
Jain Shwetambar Khartargachh Sangh will
have no right, title or interest or possession
thereof nor shall it interfere with the
management of the aforesaid two temples in
Ajmer City.
(iii) The parties to this settlement have with
respect to the bank accounts agree as under:
Bank Accounts of Shri Jain Shwetambar
Shree SanghPage 3 of 9
a. Shri Jain Shwetambar Shree Sangh A/c
no. 0771 2413 000 307, Bank Name –
Punjab National Bank, Vaishali Nagar,
Ajmer, Rajasthan – 305001.
b. Shri Jain Shwetambar Shree Sangh A/c
no. 0771 2413 000 308, Bank Name-
Punjab National Bank, Vaishali Nagar,
Ajmer, Rajasthan – 305001.
c. Shri Jain Shwetambar Shree Sangh A/c
no. 0771 2413 000 309, Bank Name-
Punjab National Bank, Vaishali Nagar,
Ajmer, Rajasthan – 305001.
It is agreed and declared that the right to
operate and make any withdrawals in
respect of the abovesaid accounts shall be
solely of Shri Jain Shwetambar Shree Sangh.
Party no.2 shall have no claim to any of the
above accounts in any respect, nor shall they
claim any balance or right to operate.
Furthermore, amounts paid to party no.1 by
party no.2 shall be deposited in Shri Jain
Shwetambar Shree Sangh A/c no. 0771 2413
000 307, Bank Name- Punjab National Bank,
abovesaid.
(iv) That party no.2 shall pay a sum of
Rs.8,11,00,000/- (Rupees Eight Crores and
Eleven Lakhs only) in the following manner: –
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a. A sum of Rs.11,00,000/- (Rupees
Eleven Lakhs only) is being paid by
party no.2 to the party no.1 upon
execution of the present agreement by
Cheque no.228699 dated 24.10.2024
drawn on Punjab National Bank.
b. The balance sum of Rs.8,00,00,000/-
(Rupees Eight Crores only) would be
paid by the party no.2 to party no.1 at
the time of passing of final order by the
Hon’ble Supreme Court.
(v) Upon payment of the total sum of
Rs.8,11,00,000/- (Rupees Eight Crores and
Eleven Lakhs only) by party no.2 Shri Jain
Shwetambar Khartargachh Sangh to party
no.1 i.e. Shri Jain Shwetambar Shree Sangh,
neither Party shall be left with any dispute or
claim hereinafter.
(vi) That both parties agree that the following
cases filed by any of the parties herein are
pending between them which they do not
seek to contest. They further agree that a joint
application would be made to the Hon’ble
Supreme Court for quashing/closing these
cases in exercise of its powers under Art. 142.
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S.No. In the Court Case No. Title
1. Nyayalaya SDO 57/2023
Mandir Margi
(Upkhand Panchayat Oswal
Adhikari) jariye Shri Jain
Ajmer Shwetambar Shri
Sangh Panjikrit
Ajmer banaam
Ajmer Vikas
Pradhikaran evam
Anya
2. Nyayalay SDO 43/2006 Shri Jain
(Upkhand Shwetambar Shri
Adhikari), Sangh banaam Shri
Ajmer Jain Khartargacch
Sangh
3. Rajasthan High SBCWP Shri Jain
Court, Bench at 1635/ 2017 Shwetambar
Jaipur Khartargacch
Sangh v. Shri Jain
Shvetambar Shree
Sangh
(vii) That party no.1 and party no.2 have mutually
agreed that in case there is any other
litigation before any Court or Tribunal or
Authority, they shall have withdraw/ close the
same in pursuance of the present
compromise.
(viii) Parties further agree that the details of all
such cases would be given in the common
application to be filed before the Hon’ble
Supreme Court for taking on record the
present compromise/ settlement with a
request to incorporate it in the order of the
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Hon’ble Court and quash all such
proceedings between the parties.
(ix) That the party no.1 and party no.2 would
request the Hon’ble Supreme Court to make
the present compromise a part of the record
of the Court and to dispose of the SLP (Civil)
24759/2023 in terms of the present
compromise.
(x) That both parties have agreed to withdraw all
allegations made by them before any Court
or authority against each other and their
office bearers and will not use the said
allegations in any proceedings whatsoever.
On filing of this Compromise agreement, the
said allegations will be deemed to have been
automatically withdrawn. Party no.2 shall not
challenge the registration of the party no.1
trust under the Rajasthan Public Trust Act.
(xi) Both the parties assure that in relation to the
Dadabari Complex, Sambhavnath Bhagwan
ka Mandir, Lakhan Kothri, Ajmer, and
Rishabhdev Bhagwan ka Mandir, Sundar
Vilas, Ajmer, no further
litigations/cases/complaints shall be filed
against each other or their office bearers by
the parties.
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(xii) That both the parties hereby confirm and
declare that they have voluntarily and of their
own free will have arrived at this settlement.
(xiii) That the present compromise deed shall be a
solemn undertaking by both parties to the
Hon’ble Supreme Court of India for
compliance of the terms contained herein.”
5. In view of the terms of settlement between the parties, the
balance sum of ₹8,00,00,000/- (Rupees Eight Crores only) was paid by
the respondent no.4 vide a demand draft bearing no.970398 dated
12.12.2024 drawn on Punjab National Bank in favour of the appellant.
Hence, the terms regarding payment of amount have been complied
with and the parties have undertaken to comply with the other terms as
well.
6. As a result of the settlement the above-mentioned cases i.e.
Case No(s).57 of 2023 & Case No(s).43 of 2006 pending before
Nyayalaya SDO (Upkhand Adhikari) Ajmer and SBCWP No.1635 of 2017
pending before the Rajasthan High Court, Bench at Jaipur, between the
parties shall stand disposed of as settled without any further action by
any of the parties.
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7. We dispose of the present appeal while modifying the
judgment and decree of the Courts below in terms of the settlement
arrived at between the parties, which shall form part of the decree.
8. A copy of this order be sent to the Courts concerned for
placing the same on record of the files of the pending cases and to
consign those to records as settled.
9. Pending application (if any) shall stand disposed of.
……………….……………..J.
(J.K. MAHESHWARI)
……………….……………..J.
(RAJESH BINDAL)
New Delhi
January 06, 2025.
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