Citation : 2023 Latest Caselaw 11823 Ori
Judgement Date : 29 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
RSA No.361 of 2017
&
I.A NO. of 2023
Golapa Sahu .... Appellant
Mr. S. K.Meherulla, Advocate
-versus-
Shankar Agrawal .... Respondent
Mr. S. Roy, Advocate
CORAM:
JUSTICE D.DASH
ORDER
Order 29.09.2023 No.
18. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.
2. The Interim Application (IA) filed in Court today which is taken on record be assigned with the number.
3. This Appeal, under section 100 of Code of Civil Procedure, 1908 (for short, 'the Code'), has been filed by the unsuccessful Plaintiff arraigning the Defendant as the Respondent in challenging the judgment and decree passed by the learned Additional District Judge, Deogarh in RFA No.01 of 2003/07 of 2017. The Appellant as the Plaintiff had filed Civil Suit No.51 of 2011 in the Court of Senior Civil Judge, Deogarh and the Trial court having non-suited her, she had carried the Appeal under section 96 of the Code, which has also been dismissed.
// 2 //
4. The parties being present in person with their learned Counsels, have filed an application under order 23 Rule 3 of the Code stating therein that they have arrived at a compromise as per the terms and conditions stated in the said application in order to put an end to the litigation forever.
5. The parties admit in Court that the contents of the said application have been read over and explained to them and they having found those to have been correctly written, have signed on the application which is supported by their joint affidavit.
6. Learned Counsel for the parties also submit that there has been a compromise between the parties and therefore they pray that this Appeal be disposed of in terms of said compromise arrived at.
7. Keeping in view the above, the compromise application being perused; this Court finds no such reason to say that the same is not lawful.
8. Accordingly, the Appeal stands disposed of in terms of compromise and the application for compromise shall form part of the decree.
(D.Dash) Judge
Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date:Gitanjali 04-Oct-2023 17:15:55
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