Court No. - 12
Case :- SECOND APPEAL No. - 200 of 2002 Appellant :- Shri Ram And Others Respondent :- Parmanand And Others Counsel for Appellant :- R.K.Ojha,D.C.Tripathi,Dharmraj Chaudhary,H.N.Sharma,Indra Raj Singh,Ranjeet Asthana Counsel for Respondent :- M.C.Tiwari Connected with Case :- SECOND APPEAL No. - 117 of 2002 Appellant :- Permanand And Others Respondent :- Smt. Raj Dei And Others Counsel for Appellant :- Manish Chandra Tewari,Nirmal Kumar Chaturvedi Counsel for Respondent :- D.C.Tripathi,Dharmraj Chaudhary,Indra Raj Singh
Hon'ble Mrs. Vijay Lakshmi,J.
Learned counsel for both the parties are present.
The dispute involved in both these connected second appeals is related to the same immoveable property and the parties are also the same. Both these second appeals are pending since the year 2002 and are critically old. It appears that good sense prevails between the parties and the matter was amicably settled between them. As a result, a joint affidavit of compromise has been filed by them with prayer to decide the aforesaid both second appeals in terms of compromise deed with map.
Heard and perused the record.
Vide order dated 31.5.2018, Registry of this Court was directed to send the compromise application alongwith the record for verification of signatures of signatories to the compromise application within a period of one week and the learned Trial Court was directed to return the compromise application along with its report after verification of signatures of the parties.
In compliance, a letter has been sent by the Additional Civil Judge, (Junior Division) Court No.14, Basti dated 09.7.2018 which is flagged 'A' on the record mentioning therein that both the parties were issued notice to appear before the Court. They appeared along with their counsel who filed their Vakalatnamas. Both the parties were duly identified by their learned counsel and both the parties verified their signatures on the compromise deed and they have stated that they have willingly entered into the compromise. Their coloured photographs were also affixed on the verification report.
In view of the fact that the parties have amicably settled their dispute by way of compromise, which has been duly verified by the court concerned, both these second appeals deserve to be decided in terms of the compromise deed dated 23.5.2018 including the map.
Both the second appeals are disposed of in terms of the compromise deed dated 23.5.2018, which shall form part of this order and decree.
Lower Court's record be sent back to the court concerned.
Order Date:-27.7.2018-SB