Smt. Phuljhari and Others vs Rajaram and Others

It appears that Civil Misc. (Compromise) Application No. 240199 of 2006 under Order XXIII, Rule 3 read with Section 151 of the Code of Civil Procedure, was filed in the present case on 13.11.2006.

A perusal of the said Compromise Application shows that the same has been signed by the learned Counsel for the defendants-appellants as well as by the learned Counsel for the plaintiffs-"respondents.

An Affidavit, sworn on 12.11.2006 by Ram Barat (defendant-appellant No. 6) has been filed in support of the aforementioned Compromise Application.

Compromise arrived at between the parties has been filed as Annexure No. 1 to the said Affidavit.

By the order dated 8.12.2006, the aforementioned Compromise Application along with the record, was directed to be sent to the Trial Court for verification.

It further appears that by a communication dated 1.3.2007, the District Judge, Chandauli, sent back the aforementioned Compromise Application after verification to this Court.

It is, interalia, stated in the said communication dated 1.3.2007 that the aforementioned Compromise Application has been verified by the Civil Judge (Junior Division), Chakia, District Chandauli on 28.2.2007.

In the order dated 28.2.2007 appearing on the order -sheet of the Court of Civil Judge (Junior Division), Chakia, District Chandauli, in respect of the aforementioned Compromise Application, it is interalia, stated that the parties to the case with their learned Counsel appeared in the Court of Civil Judge (Junior Division), Chakia, District Chandauli, and the learned Counsel identified the parties; and that the parties accepted the terms of the compromise, and put on the compromise their signatures and thumb impressions which were identified by their learned Counsel; and that thereafter, the compromise was verified by the Court.

A perusal of the Compromise filed as Annexure No. 1 to the aforementioned Affidavit accompanying the aforementioned Compromise Application shows that the same has been duly verified by the parties before the Civil Judge (Junior Division), Chakia, District Chandauli, and the Civil Judge (Junior Division), Chakia, District Chandauli has made endorsement to the said effect on the said Compromise.

In view of the above, I am of the opinion that it is in the interest of justice that the Second Appeal be decided in terms of the compromise ,as contained in the aforementioned Compromise annexed as Annexure No. 1 to the aforesaid Affidavit accompanying the aforementioned Compromise Application, and the aforementioned Compromise Application and its accompanying Affidavit including the said Compromise annexed as Annexure No. ''1 to the said Affidavit, be made part of the decree.

Accordingly, the Second Appeal is decided in terms of the compromise, as contained in the Compromise annexed as Annexure No. 1 to the aforesaid Affidavit accompanying the aforementioned Compromise Application, and the aforementioned Compromise Application and its accompanying Affidavit including the said Compromise annexued as Annexure No. 1 to the said Affidavit, are made part of the decree.

The Second Appeal is, accordingly, disposed of.