This order dismisses a petition for second appeal as the underlying first appeal concerning a title suit was disposed of through a compromise settlement filed by the parties.
The First Appeal is disposed of based on the compromise petition; a decree is to be prepared accordingly.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.70 of 2014
======================================================
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
I.A. No.7145 of 2018
22 18-09-2018
The present application has been filed under section 96
and Section 151 of the C.P.C. by the appellants who had challenged the judgment dated 27.01.2014 and decree dated 07.02.2014 passed by Sub-Judge-IX, Muzaffarpur whereby the learned court has decreed the Title Suit No.172/2008 and in which the Appeal is pending before this court. The Appellants and Respondent herein have prayed for disposal of the
Patna High Court FA No.70 of 2014 (22) dt.18-09-2018
2/3
present First Appeal in terms of compromise, which formed a part of the present I.A. application (Annexure-A).
Learned counsel for the appellants submits that with the intervention of well wishers, friends and other co-villagers both the parties of the suit/appeal have compromised the case after forgetting past history of litigation and also the order and judgment and decree passed by the court below.
Learned counsel for the appellants submits that in view of such facts and circumstance, the present First Appeal may be disposed of in terms of compromise petition, which has been duly signed by both the parties and fully agreed upon by the terms mentioned therein and the matter may be placed in the court below for appropriate orders. The compromise petition which is marked as Annexure-A has been duly certified by the respondents as is evident from Annexure-A itself.
Sri Chandrashekhar Anand, learned counsel appearing on behalf of respondent no.1 is also present in court today and endorses the compromise petition as has been filed by the appellants. He submits that the parties to the said suit have now compromised the matter and submits that all the parties have signed the compromise petition and therefore the present appeal may not be proceed and may be disposed of in terms of compromise petition.
Patna High Court FA No.70 of 2014 (22) dt.18-09-2018
3/3
Having considered the submission of the appellants as well as the respondents and upon perusal of the compromise petition, which appears to have been signed by all the parties, let the present First Appeal be disposed of in terms of compromise petition and the agreement between the parties as mentioned in the I.A. application is allowed.
The First Appeal stands disposed of.
In view of the disposal of the First Appeal, it would now be appropriate that decree be prepared in terms of compromise petition.
(Anjana Mishra, J)
Amit/-
U
1 issue framed by the court
Whether the pending first appeal ought to be disposed of based on a compromise filed between the parties.
Bindeshwar Rai and others
Arjun Rai and others
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
