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Judgment
9 paragraphs · 399 wordsManoj Kumar Tiwari, J
Heard learned counsel for the parties.
This Appeal has been filed under Section 96 of Code of Civil Procedure, challenging the judgment and order dated 29.05.2010 passed by Civil Judge (Senior Division), Haridwar in Original Suit No. 48 of 1991, whereby suit filed by appellants was dismissed.
An application (I.A. No. 11407 of 2023) has been filed on behalf of appellants stating that appellants have entered into a settlement with respondent no. 3, on 03.05.2019. Paragraph nos. 4, 5 & 6 of the affidavit filed in support of said application, are reproduced below:-
“4) That in the interregnum the respondent no. 3 and appellants entered into a settlement agreement on 03/05/2019. True copy of the settlement agreement between respondent no. 3 and appellant dated 03/05/2019 is being marked and annexed as ANNEXURE NO. SA1 to this affidavit.
5) That the appellants and respondent no 3 have also executed a sale deed between them qua land admeasuring 270.16 Sq Meters of Khasra No.86. That the aforementioned sale deed was registered at Sub Registrar Office on 23/07/2019 as Bahi No 1 Jilad 5,032 page 1 to 38 at serial no 5524. True copy of the sale deed registered on 23/07/2019 at Sub Registrar Office is being marked and annexed as ANNEXURE NO. SA2 to this affidavit.
6) That the appellants and respondent no 3 have also executed a gift deed between them qua land admeasuring 843.86 Sq Meters of Khasra No 86. That the aforementioned girt deed was registered at Sub Registrar Office on 23/07/2019 as Bahi No 1 Jilad 5,032 page 39 to 74 at serial no 5525. True copy of the gift deed registered on 23.07.2019 at Sub Registrar Office is being marked and annexed as ANNEXURE NO SA3 to the affidavit.”
Learned counsel for appellant and respondent no. 3 submit that Appeal be decided in terms of compromise. Mr. Miglani, learned counsel appearing for respondent no. 2 also submits that since this is a dispute between private parties, and Nagar Nigam has no interest involved in the matter, therefore, he has no objection, if Appeal is decided in terms of compromise.
In such view of the matter, First Appeal is decided in terms of compromise entered into between the parties, which is brought on record as Annexure-1 to the affidavit filed in support of I.A. No. 11407 of 2023.