Court No. - 33
Case :- FIRST APPEAL FROM ORDER No. - 3148 of 2016 Appellant :- Prakash Chandra Respondent :- Parstooam And 15 Others Counsel for Appellant :- Vishnu Singh,Anil Kumar Rai Counsel for Respondent :- Amit Manohar,Ashok Kumar Jaiswal,J.K. Khanna,R.S.Pandey,Rajshree Malviya,Siddarth Jaiswal
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Vishnu Singh, learned counsel for appellant, Sri A.K. Jaiswal, learned counsel for respondents, Sri Sripat, learned Senior Advocate assisted by Sri J.K. Khanna, learned counsel for respondents and perused the record.
This appeal has been preferred against the judgment and decree dated 29.07.2016 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Allahabad (hereinafter referred to as 'Tribunal') in Civil Appeal No. 59 of 2009 and to affirm the judgment and decree dated 06.04.2009 passed by learned Civil Judge (Senior Division), Allahabad in Misc. Case No. 21 of 1979.
The appeal is disposed of on consensus of the parties that the matter be remanded to the court of Civil Judge (Senior Division), Allahabad where the suit has been remanded by the first appellate court. It is stated by Sri Vishnu Singh, learned counsel for appellant and not controverted by Sri A.K. Jaiswal, learned counsel for respondents that the brothers have inter se settled their dispute.
I am not entering into the illegality of the settlement. The settlement be placed before the judge concerned by civil suit No. 21 of 1979 is pending and has been stayed by this Court.
This appeal is disposed of without going into the merits of the matter, it goes without saying that parties are at liberty to seek revival of this appeal if there is some hinges in the matter before learned civil judge.
This Court is thankful to Sri Sripat Senior Advocate assisted by Sri J.K. Khanna, learned counsel for respondents and Sri Ishir Sripat, learned counsel for intervening purchaser of the property who has present.
The personal presence of respondent No.13 shall be dispensed with.
With these observations, the matter is disposed of.
The record and proceeding be sent back to the tribunal. It is expected that the Civil Judge shall pass order as expeditiously as possible on or before 15.08.2019.
This order shall be communicated to learned trial court.
Order Date :- 31.7.2019 Shubhankar