An application under Order XXIII Rule 3 CPC for disposal of a suit via settlement was allowed. The appeal (RSA No.134 of 2019) was disposed of in terms of the compromise, which forms part of the decree.
The IA was allowed; RSA No.134 of 2019 disposed of per compromise; registry to draw decree.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RSA No.134 of 2019
I.A. No.8 of 2021
RSA No.134 of 2019
Due to outbreak of COVID-19, this matter is taken up through Videoconferencing.
This is an application under Order XXIII Rule 3 CPC for disposal of the suit in terms of settlement set out in the application itself.
Heard Mr.H.N.Mohapatra, learned counsel for the petitioner/appellant and Mr.Ananma Charan Panda, learned counsel for the opposite party/respondent.
It is submitted by learned counsel for the parties that the parties have settled their differences amicably with the intervention of the gentries. There is no coercion, threat, allurement or inducement for such settlement. The parties, in order to maintain a healthy relationship, have arrived at the settlement. They accordingly, pray for allowing the petition and to dispose of the appeal in terms of the settlement set out in the IA.
Perused the application for compromise. The terms of compromise appears to be lawfui.
Taking into consideration the submissions of learned counsel for the parties and on perusal of record, the IA is allowed. Consequentially, RSA No.134 of 2019 is disposed of in terms of the compromise in IA No.8 of 2021, which shall form a part of the decree.
Registry is directed to draw the decree immediately.
2
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.
……..……………………
K.R. MOHAPATRA,J.
ss
1 provisions across 1 enactments
Petitioner/Appellant
Opposite Party/Respondent
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
