Court No. - 37
Case :- SECOND APPEAL No. - 37 of 2011 Appellant :- Smt. Rajni Gaur Respondent :- Smt. Indra Varshney & Others Counsel for Appellant :- V.C. Tripathi,Neeraj Tripathi Counsel for Respondent :- M.K.Gupta,P. Agarwal
Hon'ble Ved Prakash Vaish,J.
Sri V.C.Tripathi,learned counsel for the appellant and Sri Pankaj Agrawal, learned counsel for the respondent are present.
This Second Appeal under section 100 of Code of Civil Procedure (hereinafter referred to 'C.P.C.' has been filed against the judgment and decree dated 29.10.2010 passed by the Additional District Judge, Court No. 11, Aligarh.
The brief facts giving rise to the present appeal are that the respondent no. 1 herein namely, Smt. Indra Varshney filed an Original Suit No. 343 of 1992 for specific performance of agreement to sell dated 18.2.1982, registered on 20.2.21982. The suit was decreed vide judgment and decree dated 29th March, 2005 passed by Additional Civil Judge/Additional Chief Judicial Magistrate, Court No. 9, Aligarh. Against the said judgment and decree, the appeal filed by appellant bearing Civil Appeal No. 82 of 2005 was dismissed by Additional District Judge, Court No. 11, Aligarh vide judgment and decree dated 29.10.2010. Feeling aggrieved by the aforesaid judgment and decree, the appellant has preferred 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. 132021 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 22.11.2017 has been received from the District Judge, Aligarh. As per verification report dated 22.11.20127, the compromise has been verified.
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. 132021 of 2017, the Second Appeal is disposed of in terms of the compromise.
The Civil Misc. Compromise Application No. 132021 of 2017 stands disposed of accordingly.
(Ved Prakash Vaish,J.) Order Date :- 29.5.2018 SU.