Patna High CourtFA/1150/1980disposed

Chitranjan Kumar v. Bishundeo Rai And ORS

2016-08-18Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.1150 of 1980 ====================================================== Krishna Deo Singh .... .... Appellant/s

Versus

Bishundeo Rai & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Janardan Pd. Singh Mr. Uday Shanker Sharan Singh Mr. Indradeo Pd. Singh For the Respondent/s : Mr. Shiva Kirti Singh Mr. Amar Nath Deo Mr. V.K.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-08-2016 Heard learned counsel Mr. Prabhakar Nath Rai for the appellant, the learned counsel Mr. Madhukar Pandey for the substituted heirs of respondent no.1, the learned counsel Mr. Navin Nikunj for the respondent 2(a) and substituted heirs of respondent no. 3 and the learned counsel Mr. Nagendra Rai for the respondents no. 2 (b) and 2(c) on the Interlocutory Application No. 8840 of 2015 (wrongly typed as 8840 of 2016 in the office note dated 17.08.2016).

It is submitted that except the aforesaid parties, the names of other parties have already been deleted. According to the learned counsel for the parties, all the parties have compromised their disputes and a compromise application has

Patna High Court FA No.1150 of 1980 (45) dt.18-08-2016 2/2 been filed under the separate schedules to the parties which is clearly mentioned in Interlocutory Application No. 8840 of 2015 and since the parties have compromised, there is no impediment in the way of recording the compromise between the parties.

From perusal of the interlocutory application i.e. compromise petition and the statements made therein, it appears that the parties have compromised their disputes and in fact, now, they have already partitioned the property and schedules have been prepared according to the share of the parties and there is no dispute between the parties. Accordingly, interlocutory application i.e. compromise application is hereby accepted and this First Appeal is, accordingly, decreed in terms of the compromise. Compromise application i.e. I.A. No. 8840 of 2015, shall form part of final decree.

(Mungeshwar Sahoo, J) ajaypd./- U