Heard Sri B.K. Ojha, learned counsel for the defendants/appellants and Sri Bashir Ahmad Khan, learned counsel for the plaintiff/respondent. They submit that the matter in dispute in appeal has been compromised between the parties outside the Court and therefore, the appeal be dismissed in terms of the compromise.
The compromise which is part of the supplementary affidavit was sent to the Court below for verification. Additional District and Sessions Judge court no.3 Shahjahanpur vide letter dated 16.12.09 has submitted that the compromise so sent for verification has been verified. The compromise bears and endorsement of incharge 3rd Additional District Judge dated 4.12.09, which shows that the parties were identified by their respective counsel and they have accepted the compromise.
In view of the above, the appeal stand disposed of in terms of the compromise, which is part of supplementary affidavit and has been verified by the parties on 14.12.09. The said compromise will form part of the decree.
Order Date :- 13.9.2010 piyush