LR's Of Oggadram And Others vs Manak Chand

Rekha Borana, J

An application has been filed on behalf of the appellants with a submission that the parties have entered into an amicable settlement and hence, the present appeal be disposed of in light of the said compromise/settlement. The settlement deed as executed between the parties have also been placed on record along with the application.

Vide order dated 01.11.2023, the Deputy Registrar (Judicial) of this Court was directed to verify the parties to the compromise as well as the contents of the compromise deed. As per the verification report of the Deputy Registrar (Judicial), appellant No.1/1 Arjun Patel and the respondent Manak Chand were present before him. So far as appellants No.1/2 and 1/3 are concerned, although they were not present in person, counsel Mr. J.K. Bhaiya accepted the compromise on their behalf.

The suit in question was for specific performance which had been decreed in favour of the plaintiff Manak Chand. Now, vide the compromise, Manak Chand has admitted that the consideration amount as paid by him to the appellants has been received back by him and therefore, he is not inclined to get the decree in question executed in his favour. Vide the compromise, he has even consented for the impugned judgment and decree to be set aside and the present appeal be allowed.

In view of the fact that the compromise has been accepted by the respondent Manak Chand and the same has been verified in his presence, in terms of the compromise, the impugned judgment and decree dated 05.10.2017 is hereby set aside. The present first appeal is disposed of in terms of the compromise.

Let the decree be drawn accordingly.

All pending applications, if any, also stand disposed of.