Heard Sri Rajesh Kumar Nishad, learned counsel, holding brief of Sri Shailendra Singh, learned counsel for the petitioners, Sri Jitenra Kumar, learned counsel for the contesting respondent no.5 and learned Standing Counsel represents respondent nos.1 to 3 and perused the record.
Yesterday, vide order dated 24.08.2021, present writ petition is posted for today on the request of Sri Abhinav Krishna, learned counsel, who claimed his engagement, representing petitioner nos.3, 4 & 5 and granted time to verify the factum of compromise. For ready reference, order dated 24.08.2021 is quoted below:-
"Sri Abhinav Krishna, learned counsel has filed his memo of appearance on behalf of petitioner nos. 3, 4 and 5 in the registry today itself.
Sri Rajesh Kumar Nishad, learned counsel holding brief of Sri Shailendra Singh, leaned counsel for the petitioners states that the parties have already entered into a compromise. He prays that the present petition may be dismissed as withdrawn.
However, Sri Abhinav Krishna, who has subsequently been engaged to appear on behalf of petitioner nos. 3, 4 and 5, seeks time to verify the factum of compromise.
On his request, put up this matter tomorrow i.e. 25.8.2021 in the additional cause list."
Today, neither Sri Abhinav Krishna, is present, nor any one appeared on his behalf to assist the Court, in the light of statement as made yesterday.
It is informed that there is nothing on record to show that Sri Abhinav Krishna, has been engaged as a counsel on behalf of petitioner nos.3, 4 & 5.
Sri Rajesh Kumar Nishad, learned counsel, holding brief of Sri Shailendra Singh, learned counsel for the petitioner inform that he is representing all the petitioners, who have denied engagement of any other counsel on behalf of petitioner nos. 3, 4 & 5, as stated by Sri Abhinav Krishna, before this Court, yesterday.
In this conspectus as above, Court proceeds with the matter and decide the same after hearing the counsel for the parties, as mentioned in the first paragraph of this order.
Learned counsel for the petitioners submits that present writ petition may be dismissed as withdrawn, in as much as both the parties have entered into compromise and they have settled their dispute amicably out of the Court.
To authenticate of the factum of compromise, counsel for the petitioner pressed the compromise application no. 19 of 2019, dated 01.03.2019, supported with affidavit, annexing the photostat copy of the notarized compromise dated 20.02.2019.
Sri Jitenra Kumar, learned counsel for the contesting respondent no.5 has no objection to the aforesaid prayer as made by counsel for the petitioner and he has admitted the facts of compromise, entered into between the parties.
It is stated that respondent nos.6 to 35 have no directed concerned with the property in question, which is subject matter of the present writ petition, between the petitioner and respondent no.5.
Accordingly, present writ petition, in the light of the aforesaid compromise, is dismissed as withdrawn.
Order Date :- 25.8.2021/VKG