Court No. - 38
Case :- SECOND APPEAL No. - 1283 of 2013 Appellant :- Ram Swarup Respondent :- Smt. Shakuntala And Another Counsel for Appellant :- K.K. Tripathi,Arun Kumar Singh Counsel for Respondent :- K.K.Nirkhi
Hon'ble Siddharth,J.
Heard learned counsel for the appellant and Sri K.K. Nirkhi, learned counsel for the defendant/respondent no. 1.
Sri K.K. Nirkhi, learned counsel for the defendant/respondent no. 1 had filed an application under Order 23, Rule 3 r/w Section 151 C.P.C in the above noted appeal praying that the above noted second appeal may be decided in terms of compromise dated 01.08.2019 entered between the plaintiff/appellant and the defendant/respondent no. 1. They have amicably settled their dispute outside the Court and hence, the plaintiff/appellant does not wants to contest the second appeal on merit and has admitted the claim of the defendant/respondent no. 1 on Arazi No. 395 area 0.499 hectare situated in village- Ladpur Paith, Tehsil- Derapur, District- Kanpur Dehat. Along with compromise application, a compromise deed signed by both the parties was brought on record. The same was supported by joint affidavit of the parties. This Court by the order dated 06.02.2020 sent the compromise application along with record of the court below to the District Judge, Kanpur Dehat who has submitted his report stating that the compromise was read over and explained to the parties.
Learned counsel for the plaintiff/appellant has stated that the plaintiff/appellant does not wishes to press this appeal and he has no concern with the plot no. 395 area 0.499 hectare situated in village- Ladpur Paith, Tehsil- Derapur, District- Kanpur Dehat. The signatures of both the parties was verified before the District Judge in the presence of the witnesses. Hence, the compromise stands verified.
In view of the above, the second appeal is decided in terms of the compromise dated 01.08.2019. The compromise dated 01.08.2019 shall be made part of the decree.
Accordingly, the appeal is disposed of.
Order Date :- 27.7.2021 KS