Orissa High Court
Sudhansu Sekhar Pradhan & vs Smt. Fentimani Das & Others on 27 October, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
RSA No.357 of 2016
Sudhansu Sekhar Pradhan & .... Appellant
Another
Mr. Debendra Ku. Sahoo, , Advocate
-versus-
Smt. Fentimani Das & Others .... Respondents
Mr. D.P. Mohanty, Advocate
(for Respondent Nos. 1 to 8)
CORAM:
MR. JUSTICE D.DASH
ORDER
27.10.2021
I.A. Nos. 223 and 440 of 2021
Order No.
05. 1. This matter is taken up through hybrid arrangement
(virtual/physical mode).
2. Both the applications concern with the bringing of the
legal representatives of Respondent No. 5 on record as
Respondent Nos. 5(a) to 5(e).
3. Heard.
4. Considering the submissions made and on going
through the averments taken in the petition, prayers are
allowed.
5. The I.As. stand disposed of.
(D.Dash)
Judge
// 2 //
ORDER
27.10.2021
RSA No. 357 of 2016
&
I.A. No.439 of 2021
Order No.
06. 1. The cause title sheet carrying out the above orders
passed in I.A Nos.223 and 440 of 2021 filed in Court today
being taken on record is accepted.
2. This application under order 23 rule 3 of the Code of
Civil Procedure for compromise of the matter, is filed in Court
today, which is taken on record.
3. Learned counsel for the Appellants and learned counsel
for the Respondent Nos. 1 to 8 as also the learned counsel for
the newly added Respondent No. 5(a) to 5(e) are present.
4. Perusal of the Compromise Petition on record reveals
that the same has been signed by all the parties and the same is
supported by the Affidavits.
Learned Counsel for the parties submit that on the
intervention of the well wishers, friends and relations of the
parties, the dispute giving rise to this litigation having been
resolved, the parties have so arrived at a compromise and they
have decided to henceforth deal with the subject matter in
accordance with the terms and conditions as stated in detail in
the compromise petition.
They submit that in view of the above compromise, the
parties now want to put an end to the litigation and do not want
it to run any more which according to them would serve their
// 3 //
interest best. They submit that under instruction of the parties,
the compromise petition having been written, the parties have
signed thereon by going through the same and understanding
that all those correctly have been written and accordingly, they
have sworn Affidavits in support of the same. They submit that
they have been authorized by the parties to admit the
compromise on their behalf in Court. Accordingly, they admit
the compromise in Court today.
4. Keeping in view the submissions made, the judgments
passed by the courts below as also the averments taken in the
compromise petition being gone through, this Court is not in a
position to say that the compromise so arrived at is not lawful.
In that view of the matter, the compromise amongst the
parties as reflected in the compromise petition under the terms
and conditions as stated therein is accepted.
5. In the wake of all the aforesaid, the Second Appeal is
hereby disposed of in terms of the compromise.
The Compromise Petition giving rise to I.A. No.439 of
2021 shall form part of the decree.
6. Accordingly, the I.A. and RSA stand disposed of.
Issue urgent certified copy as per rules.
(D.Dash)
Judge
Aks
