Rajkumar & Ors. vs Surendra Singh & Ors.
2021 Latest Caselaw 4753 MP

                                  1                                 FA-261-2003
         The High Court Of Madhya Pradesh
                     FA-261-2003
                   (RAJKUMAR & ORS. Vs SURENDRA SINGH & ORS.)

15
Gwalior, Dated : 26-08-2021
      Shri Anand Bharadwaj, learned counsel for the appellants.
      Shri D.D. Bansal with Shri Abhishek Bhadouriya and Shri Rohit
Bansal, learned counsel for contesting respondents No.1 and 2/plaintiffs.

With the consent heard finally.

Heard on I.A.No.3992/2021 an application under Section 151 of

C.P.C.

It is the submission of counsel for the parties that appellants have filed this application by which parties have referred the fact regarding compromise arrived at between the contesting parties and same has been recorded by learned Executing Court and judgment and decree dated 29.08.2003 passed by learned Courts below deserves to be modified to that extent as per the compromise arrived at between the parties.

Counsel for the respondents/plaintiffs who earlier filed the suit against the present appellant nodded in affirmative and fairly submitted that they have

entered into settlement with the appellants/defendants and want the dispute to be settled as per compromise arrived at between the parties. Contents of the same are part of application filed before the trial Court under Order 23 Rule 1 of CPC on 22.03.2021.

It is further submitted by the counsel for the parties that both the parties have appeared before the trial Court in pursuance to direction issued by this Court and have recorded their intent and identity for settlement. Proceeding dated 07.07.2021 is placed on record in support of submissions.

Considering the intents and submissions of the parties as reflected through the application and statements made at Bar, no useful purpose would be served to keep this appeal pending, resultantly instant first appeal stands disposed of with the direction to the parties to appear before the trial Court 2 FA-261-2003 and trial Court shall record the appearance and intents and pass suitable decree as per terms of compromised arrived at between the parties as per order of trial Court dated 07.07.2021.

With the aforesaid directions, I.A.No.3992/2021 stands allowed and appeal is hereby disposed of.

(ANAND PATHAK) JUDGE

Ashish*

ASHISH CHAURASIA 2021.08.26 19:03:20 +05'30'