Ram Adhin Prasad, Ram Dayal and Ram Sagar, minors under the guardianship of Ram Adhin Prasad, own brother vs Badri and Others

S.P. Mehrotra, J.—Case has been taken-up in the revised list. None is present on behalf of either of the parties.

It appears that Civil Misc. (Compromise) Application No. 1676 of 1990 (dated 28.3.1990) was filed jointly on behalf of the plaintiffs- appellants and the defendants-respondents.

It is, interalia, prayed in the aforesaid Compromise Application that the Second Appeal be decided in terms of the compromise and the compromise be made a part of the decree.

By the order dated 8.1.1991 passed by the Court, the aforesaid Compromise Application was sent to the Court below for verification in accordance with law.

Pursuant to the said order dated 8.1.1991, the aforesaid Compromise Application alongwith the Lower Court record was sent to the Court below.

Thereafter, the learned Civil Judge, Gorakhpur sent a communication dated 15.7.1991 to this Court through the District Judge, Gorakhpur, interalia, stating that the parties had verified the compromise after due consideration on 31.5.1991 in the Court of Civil Judge, Gorakhpur.

Alongwith the said communication dated 15.7.1991, the aforesaid Compromise Application alongwith the Lower Court record was also sent.

A perusal of the aforesaid Compromise Application and the order dated 31.5.1991 passed on the order sheet of the Civil Judge, Gorakhpur in regard to the aforesaid compromise shows that the parties appeared before the Civil Judge, Gorakhpur and verified the compromise as contained in the aforesaid Compromise Application.

In view of the above, the present Second Appeal is decided in terms of the compromise as contained in the aforesaid Compromise Application. The aforesaid Compromise Application containing the terms of the compromise will form part of the decree.