Lal Barat vs Dharam Raj

S.P.Mehrotra, J.—Civil Misc. (Compromise) Application No. 14005 of 2007 has been filed on behalf of the parties to the second appeal, inter alia, praying for deciding the second appeal in terms of compromise, as contained in the said compromise application.

Alongwith the aforesaid compromise, an affidavit of Lal Brat (defendantappellant), sworn on 14.1.2007, and an affidavit of Dharam Raj (plaintiffrespondent No. 1), sworn on 14.1.2007, have been filed.

By the order dated 18.1.2007 passed by this Court, the aforesaid compromise application was directed to be sent to the Trial Court for verification.

This Court further observed that the Trial Court would takeup the matter on 13.2.2007 and would return the aforementioned compromise application after verification to this Court.

The District Judge, Mirzapur by a communication dated 20.2.2007, informed this Court that on the date fixed, namely, 13.2.2007, none of the parties appeared before the Court of 4th Additional Civil Judge (Junior Division), Mirzapur, compromise, therefore, could not be verified.

The District Judge, Mirzapur sent the aforesaid compromise application to this Court for further direction.

The Court, by the order dated 9.4.2007, directed that the aforementioned compromise application be again sent to the Trial Court, Mirzapur for doing the needful, as directed by the said order dated 18.1.2007.

The said order dated 9.4.2007 further directed that the papers would be sent back to this Court after verification of the compromise on or before 24.5.2007, and the case was directed to be listed on 24.5.2007.

Pursuant to the said order dated 9.4.2007, the case is listed today before this Court.

The District Judge, Mirzapur, by his communication dated 18.5.2007 has intimated to this Court that the compromise has been duly verified by the concerned Court, and the same along with comments of the Presiding Officer of the concerned Court is being sent back to this Court.

The said communication of the District Judge, Mirzapur dated 18.5.2007 is accompanied by a communication of the Incharge 4th Additional Civil Judge (Junior Division), Mirzapur and the aforementioned compromise application and its accompanying affidavits.

A perusal of the aforementioned compromise application shows that the same has been duly verified by the parties before the concerned Court, namely, 4th Additional Civil Judge (Junior Division), Mirzapur.

The order dated 16.5.2007 to the said effect has been passed by the Incharge 4th Additional Civil Judge (Junior Division), Mirzapur on the aforementioned compromise application.

It will thus, be seen that the compromise, as contained in the aforementioned compromise application and its accompanying affidavits, has been duly verified by the parties before the concerned Court, namely, the Court of 4th Additional Civil Judge (Junior Division), Mirzapur.

Sri V.K.S. Chaudhary, learned Senior Counsel assisted by Sri R.S.Maurya, learned Counsel for the defendantappellant and Sri R.S. Mishra, learned Counsel for the plaintiffsrespondents, are present.

Learned Counsel for the parties submit that the second appeal may be decided in terms of the compromise which has been duly verified by the parties before the concerned Court at Mirzapur.

In view of the aforesaid, the second appeal is decided in terms of the compromise, as contained in the aforementioned compromise application and its accompanying affidavits. The aforementioned compromise application and its accompanying affidavits will form part of the decree.

Appeal Decided.