Jahid Hussain vs Mohd.Hussain
2022 Latest Caselaw 3390 MP

                                      1
     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                   BEFORE
                  HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                             ON THE 10th OF MARCH, 2022

                         FIRST APPEAL No. 220 of 2007

           Between:-
1.         JAHID HUSSAIN S/O MOHD. ISHAQ , AGED ABOUT
           60 YEARS, 79,NEAR MASJID RUSTAM HAMMAL,
           MANGALWARA BHOPAL (MADHYA PRADESH)

2.         JAKIR HUSSAIN S/O JAHID HUSSAIN , AGED
           ABOUT 30 YEARS, 79,NEAR MASJID RUSTAM
           HAMMAL, MANGALWARA BHOPAL (MADHYA
           PRADESH)

3.         AMEER HUSSAIN S/O JAHID HUSSAIN , AGED
           ABOUT 19 YEARS, 79,NEAR MASJID RUSTAM
           HAMMAL, MANGALWARA BHOPAL (MADHYA
           PRADESH)

                                                                    .....APPELLANTS
           (BY SHRI J.P. DHIMOLE, ADVOCATE)

           AND

           MOHD.HUSSAIN S/O LATE HAJ MOHD. ISHAQ ,
           AGED ABOUT 70 YEARS, 79, NEAR MASJID
           RUSTAM   HAMMAL,MANGALWARA,     BHOPAL
           (MADHYA PRADESH)

                                                                   .....RESPONDENT
           (BY SHRI SOURABH THAKUR, ADVOCATE)

         T h is appeal coming on for hearing this day, the court passed the
following:
                                       ORDER

Both the parties have jointly filed an application bearing I.A. No. 1986/2022 on 24-2-2022 under Order 23 Rule 3 of C.P.C. for modification of the impugned judgment and decree dated 22.2.2007 passed in Civil Suit No.55A/2004 by 9th Additional District Judge, Bhopal and for passing a compromise decree in terms of the agreement / compromise took place between them on 5-1-2022 vide Annexure- A/1. In support of the application, affidavits of both the rival parties have been filed.

2. The matter was referred to Registrar (Judicial-II) for verification of the compromise. The report of Registrar (Judicial-II) dated 08/03/2022 has been received along with the statements of appellant Jahid Hussain and respondent

Mohd. Hussain.

3. Both accepted the aforesaid compromise. The Registrar verified the willingness of the parties, therefore, the aforesaid report and compromise both are accepted. Accordingly, I.A. No. 1986/2022 is allowed and the impugned judgment

and decree is modified as per the compromise.

4. Accordingly, let a decree be drawn up in terms of compromise arrived at between the parties.

5. The compromise application I.A. No. 1986/2022 along with agreement vide Annexure-A/1 dated 5-1-2022 will be made a part of the decree.

6. Accordingly, the appeal is disposed of.

A copy of this order be sent to the trial Court for information and necessary action.

(ARUN KUMAR SHARMA) JUDGE JP

Signature Not Verified SAN

Digitally signed by JITENDRA KUMAR PAROUHA Date: 2022.03.11 10:50:50 IST