Hon'Ble Sharad Kumar Sharma vs Unknown
2021 Latest Caselaw 74 UK

SA No. 78 of 2020
Hon'ble Sharad Kumar Sharma, J.

Mr. B.S. Adhikari, Advocate for the appellants.

Mr. Nikhil Singhal, Advocate for the respondents.

This is a plaintiffs' second appeal, which has been preferred by the plaintiffs/appellants being aggrieved against the judgment and decree dated 03.02.2020, as was passed by the 2nd Additional District Judge Rishikesh (Dehradun) in Civil Appeal No. 167 of 2018 'Sunil Dutt Sharma and Others vs. Smt. Mumtaj and Others', as well as the judgment and decree dated 31.10.2018, which was passed by the Civil Judge (J.D.), Rishikesh, Dehradun, in Original Suit No. 44 of 2011 'Sunil Dutt Sharma and Others vs. Smt. Mumtaj and Others'.

This second appeal was instituted on 04.09.2020 and, later on, on the basis of the statement made by the learned counsel for the parties, they have jointly made a statement that the parties to the second appeal have entered into a compromise and they had sought time to file the compromise application on record.

Today, the matter is listed on the Compromise Application (IA No. 9821/2021), to be considered by this Court for the purposes of deciding the second appeal on the basis and in terms of the settlement arrived at between the parties on 21.09.2020, which constituted as to be the part of the present compromise application.

Compromise in a civil proceeding are governed by the provisions contained under Order 23 of C.P.C., which contemplates that even if the compromise is signed by both the counsels, that itself would be sufficient to be taken on record for the purposes of adjudicating a lis, but here the compromise application, since it has been duly signed by both the counsels, as well as, which is being supported by the respective affidavits of the parties to the second appeal, it would be apt to direct the 2nd Additional District Judge, Dehradun, to verify the signatures of the parties to the compromise, and submit his report, before this Court passes any final order.

In view of the aforesaid, the parties to the compromise are directed to appear before the court of 2nd Additional District Judge, Dehradun, on 12.01.2021 at 11:00 AM and the 2nd Additional District Judge, Dehradun, is directed to verify the signatures of the parties to the compromise and to furnish his report by 13.01.2021. Registry of this Court is directed to do the needful.

Put up this second appeal for orders on 15.01.2021.

(Sharad Kumar Sharma, J.) 07.01.2021 Pooja