Janmanjay Bhagat vs Bimla Devi
2022 Latest Caselaw 4495 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                        S.A. No. 87 of 2022
   1.        Janmanjay Bhagat
   2.        Guptshwar Bhagat
   3.        Om Prakash Bhagat
   4.        Mukesh Bhagat
   5.        Denwanti Devi
                                                               ... Defendants/Appellants
                                    VERSUS-
   1.        Bimla Devi
   2.        Manohar Bhagat
   3.        Kedar Bhagat
   4.        Budhan Devi
   5.        Binay Bhagat
   6.        Munni Devi
   7.        Vijay Bhagat
   8.        Rupesh Bhagat
   9.        Pramila Devi                  ...Plaintiffs/Respondents/Proforma Defendants/

With I.A. No. 9821 of 2022 CORAM: HON'BLE MR. JUSTICE DR S. N. PATHAK For the Appellants : Mr. Rahul Kr. Gupta Advocate For the Respondent No.1 : Mr. Ajit Kumar, Advocate

05/ 10.11.2022 The instant Second Appeal has been preferred by defendants/appellants against the judgment & decree dated 01.06.2022 & 14.06.2022 respectively passed by learned District Judge-I, Khunti in Civil Appeal (Title) No.102/2010, whereby the appeal preferred by them has been dismissed and the judgment & Decree dated 12.01.2007 and 20.01.2007 respectively passed by learned Sub-Judge-VI, Civil Court, Ranchi in Partition Suit No. 20/2003 has been affirmed.

2. Instant Interlocutory application has been preferred by defendants/appellants and plaintiff No.1/Respondent No.1, under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 for disposal of this second appeal on the basis of compromise arrived at between the parties outside the Court on mutual consent.

3. Learned counsel for both the parties jointly submit that the parties have settled the dispute outside the Court and as such, this appeal may be disposed of in terms of the compromise arrived at between the parties.

4. In view of the fair submissions of the parties, I.A. No.9821 of 2022 stands allowed and as such, this Second Appeal is disposed of.

5. In consequence thereof, let a decree be prepared by learned Trial Court in terms of Compromise upon notice of the parties and simultaneously, compromise should form part of the Decree.

(Dr. S.N. Pathak, J.) Punit /-