Adhishwar Prasad and Another vs Bindeshwar Prasad

P.K. Deb, J.—From the record of the case it appears that a compromise petition was filed long back on 26.5.1997 before this Court kept at Flag-''B''. On such compromise petition there was an order passed by a Bench of this Court on 9.9.1997 that the same shall be considered at the time of hearing of the appeal. Now, the appeal has come up for hearing before this Bench.

Perused the compromise petition kept at Flag-''B''. By such compromise petition the Respondent of the present appeal has admitted the right, title and interest of the Appellants. In that way, a prayer has been made for allowance of the appeal and the compromise petition be made part of the decree.

The compromise petition is in order. It has been signed not only by the parties but affidavits have also been filed independently by all the parties i.e. the Appellants and the Respondent. Appellant No. 1 has already lost all his interest in the case as during the pendency of the appeal he has sold away all his right, title and interest in favour of the co-Appellant Sarla Devi who has signed in the compromise petition.

In that view of the matter this appeal is allowed and the suit filed by the original pLalntiff-Respondent shall be construed to be disposed of on the basis of this compromise petition and such compromise petition which is marked ''X'' shall form a part of the decree.