An appeal against an order dismissing an application to set aside an ex parte order was disposed of on the parties' joint submission that the dispute was compromised. The High Court remanded the matter to the trial court to record the compromise.
Matter remanded to the trial court for recording compromise between the parties.
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THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND
THE HON’BLE SRI JUSTICE K.S. APPA RAO
C.M.A.No.1004 of 2010
JUDGMENT : (Per Hon’ble Sri Justice Ghulam Mohammed)
This appeal is filed against the order, dated 22-10-2009 in I.A.No.684 of 2009 in O.S.No.133 of 2008 on the file of the IV Additional District Judge, Guntur, wherein, the petition filed under Order IX Rule 13 CPC to set aside the
ex parte order dated 30-04-2009, was dismissed.
2. Today, when the matter is taken up for hearing, the learned
counsel appearing for both the parties have jointly submitted that the dispute between the parties has been compromised and requested that since the main suit itself is pending before the trial Court, if the matter is remitted back to the trial Court with a direction to record the compromise, the matter may be closed.
3. Recording the said submission made by the learned counsel for both the parties and in view of the matter is already compromised between the parties, we thought it fit to remand the matter to the trial Court for recording compromise.
4. Accordingly, the matter is remanded to the trail Court for recording
compromise between the parties. There shall be no order as to costs.
_____________________________ JUSTICE GHULAM MOHAMMED
Dated:20-03-2012 _____________________ JUSTICE K.S.APPA RAO Note: Office is directed to send the entire record to the trial Court along with a copy of this Judgement. B/o. kvr
1 issue framed by the court
Whether the pending appeal should be disposed of or remanded to the trial court upon compromise of the underlying dispute.
1 provisions across 1 enactments
Ghulam Mohammed
K.s. Appa Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
