Court No. - 37
Case :- SECOND APPEAL No. - 1287 of 2016 Appellant :- Smt. Kashmiri Devi Respondent :- Than Singh Counsel for Appellant :- Nitin Kumar Agrawal Counsel for Respondent :- V.S. Rajpoot
Hon'ble Ved Prakash Vaish,J.
Sri Nitin Kumar Agrawal, learned counsel for the appellant and Sri Hari Mohan Srivastava, learned counsel for the respondent are present.
This is Second Appeal under section 100 of Code of Civil Procedure (hereinafter referred to 'C.P.C.') against the judgment dated 31.8.2016 and decree dated 6.9.2016 passed by learned Additional District Judge, Court No. 3, Bulandshahr, in Civil Appeal No. 22 of 2013, whereby the appeal filed by the appellant against the judgment dated 15.1.2013 and decree dated 21.1.2013, was dismissed.
The brief facts giving rise to the present appeal are that the respondent herein namely, Than Singh filed an Original Suit No. 600 of 2006 for specific performance of registered agreement to sell dated 15th June, 2005. The suit was decreed by the Additional Civil Judge (J.D.) Bulandshahr vide judgment dated 15.1.2013 and decree dated 21.1.2013. Against the said judgment and decree, the appellant Smt. Kashmiri Devi (defendant in the original suit) filed Civil Appeal No. 22 of 2013. The said appeal was dismissed by Additional District Judge, Bulandshahr vide judgment dated 31.8.2016 and decree dated 6.9.2016. Aggrieved by the aforesaid judgment and decree, the appellant-defendant filed the present second appeal.
Learned counsel for both the parties submit that the parties have amicably settled the matter and a joint application under Order 23,Rule 3 read with section 151 C.P.C. bearing Civil Misc.Compromise Application No. 73328 of 2017 has been filed. The application is supported by joint affidavit of both the parties.
The compromise application was sent to the trial court for recording the verification of the contesting parties. The verification report dated 29.3.2017 has been received from the Additional District Judge, Court No. 3, Bulandshahr.
Learned counsel for both the parties submit that appeal may be disposed of in terms of the compromise..
In view of the facts and circumstances of the case and submissions made by learned counsel for the parties and Civil Misc. Application No. 73328 of 2017, the Second Appeal is disposed of in terms of the compromise.
The Civil Misc. Compromise Application No. 73328 of 2017 stands disposed of accordingly.
(Ved Prakash Vaish, J.) Order Date :- 29.5.2018/SU.