Court No. - 42
Case :- SECOND APPEAL No. - 1410 of 1992 Appellant :- Sita Ram And Another Respondent :- Jai Ram And Others Counsel for Appellant :- P.L.Agyan,Hemant Kumar,P.L. Agyan,R.N. Tilahari,S.C. Verma,Umesh Kumar Dubey Counsel for Respondent :- S.M. Dayal,Amitabh Tripathi
Hon'ble Ved Prakash Vaish,J.
Heard Sri Umesh Kumar Dubey, learned counsel for the applicant- appellant and Sri Amitabh Tripathi, learned counsel for respondents are present.
Learned counsel for the parties submit that both the parties have amicably settled the matter and application under Order 22 Rule-3 read with Section 151 C.P.C. bearing Civil Misc. Compromise Application No. 168388 of 2011 has been filed.
Brief facts of the case are as follows :-
Plaintiff-appellants herein filed a Civil Suit bearing Civil Suit No. 1874 of 1987 which was allowed by Additional Munsif, Kanpur Nagar vide judgment and decree dated 5.10.1989. Against the said judgment and decree dated 5.10.1989, the respondents filed an appeal bearing Civil Appeal No. 3 of 1990, which was allowed by Xth Additional District Judge, Kanpur Nagar, vide judgment and decree dated 19.8.1992. Aggrieved by the said judgment and decree, the appellants have preferred the present appeal.
Learned counsel for both the parties submit that parties have amicably settled the matter with the intervention of common well wishers and an application for compromise along with joint affidavit of both the parties has been filed.
The application bearing Civil Misc. Compromise Application No. 168388 of 2011 along with joint affidavit of both the parties are on record. The compromise application was sent for verification to trial court concerned vide order dated 5.3.2014.
As per office report, verification report has been received. The verification report dated 15.4.2015 sent by District Judge, Kanpur Nagar is on record. According to verification report, the compromise has been verified.
Learned counsel for both the parties submit that appeal may be disposed of in terms of compromise.
In view of facts and circumstances of the case and submissions made by learned counsel for both the parties as well as application for compromise, the appeal is disposed of in terms of compromise.
(Ved Prakash Vaish, J.) Order Date :- 23.2.2018/SU.