Sushiladevi And Others vs Badrilal

Virender Singh, J

This appeal has been preferred by the appellants under Section 96 of Civil Procedure Code being aggrieved by the judgment and decree dated 22.12.2010 assed in Civil Suit No.25-A/1996 by Additional District Judge, Khachrod, District-Ujjain (M.P.) wherein the learned trial Court has decreed the suit.

I.A. No.1810/2022 is taken up.

This is an application under Order 23 Rule 1 & 2 read with Section 151 of CPC filed by both the parties.

Both the parties have amicable settled their dispute and have entered into compromise.

The compromise has been verified by the Principal Registrar of this Court. As per report of Principal Registrar dated 13.04.2022 placed on record, the parties are competent to compromise the case in all respects. The parties have entered into the compromise voluntarily, without any fear, pressure, coercion from either side or misrepresentation of facts. They all have gone through the terms and conditions of the compromise and they are agree for the same.

The report has been submitted after recording statements of the parties by the Principal Registrar of this Court.

Considering the report dated 13.04.2022 submitted by the Principal Registrar of this Court, I.A. No.1810/2022 is allowed.

In view of the compromise, impugned judgment and decree passed by the trial Court dated 22.12.2010 passed in Civil Suit No.25-A/1996 is hereby set-aside. The suit filed by the respondent before the trial Court is dismissed.

Decree be drawn up in terms of the compromise arrived at between the parties.

I.A. No.1817/2022 is also taken up.

This is an application for seeking refund of amount deposited by the respondent.

The other side has no objection.

On due consideration, I.A. No.1817/2022 is allowed.

The amount deposited by the respondent be refunded to respondent No.1B Rajendra S/o Late Badrilal Kumawat.

Records of the Court below be sent back.

With the aforesaid, this appeal stands disposed off.

Compromise deed shall be the part of this order.