Lala Yadav v. Sri Sheonandan Yadav
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.486 of 1985 ====================================================== 1.1. Domani Devi Wife of Late Lala Yadav, Resident of Village Sahpur Tola, Police Station - Pipadardi, District- Aurangabad. 1.2. Chandradeep Yadav @ Changuddar Yadav Son of Late Lala Yadav, Resident of Village Sahpur Tola, Police Station - Pipadardi, District- Aurangabad. 1.3.
1.
Kanti Devi W/o Late Bhuneshwar Yadav Resident of Vill - Sahpur Tola, P.S. - Pupradih, Distt- Aurangabad.
1.3.
2.
Umesh Kumar Son of Late Bhuneshwar Yadav, Resident of Vill - Sahpur Tola, P.S. - Pupradih, Distt- Aurangabad.
1.3.
3.
Rajeev Ranjan Kumar Son of Late Bhuneshwar Yadav, Resident of Vill - Sahpur Tola, P.S. - Pupradih, Distt- Aurangabad. 1.3.
4.
Ravi Kumar Son of Bhuneshwar Yadav, Resident of Vill - Sahpur Tola, P.S. - Pupradih, Distt- Aurangabad.
1.3.
5.
Sobha Kumari Daughter of Late Bhuneshwar Yadav, Resident of Vill - Sahpur Tola, P.S. - Pupradih, Distt- Aurangabad. 1.4. Kabutari Devi Daughter of late Lala Yadav, Resident of Village Sahpur Tola, Police Station - Pipadardi, District- Aurangabad. 1.5. Bhuini Devi Daughter of Late Lala Yadav, Resident of Village Sahpur Tola, Police Station - Pipadardi, District- Aurangabad. ... ... Appellant/s
Versus
1.
Sri Sheonandan Yadav Son of Brahamdeo Yadav, Resident of Village - Sahpur tola, P.S. Kamabigha, District- Aurangabad. 2.1. Satya Narain Yadav Son of Late Nathuni Yadav, Resident of Village - Kama Bigha, P.O. - Aurangabad, P.S. - Aurangabad, District- Aurangabad. 2.2. Basmati Devi W/o Bijendra Yadav Resident of Village - Harnahi, P.O. and P.S. Feshar, District- Aurangabad.
2.3. Manmati Devi W/o Veyash Jee, Resident of Village Karma, P.O. Bar, P.S. Barun, District- Aurangabad.
2.4.
1.
Ram Prasad Yadav Resident of Village - Bojha Bigha P.O. - Bharthauli, P.S. - Jamhor, District- Aurangabad.
2.4.
2.
Chandan Kumar Son of Late Chinta Devi, Resident of Village - Bojha Bigha P.O. - Bharthauli, P.S. - Jamhor, District- Aurangabad. 2.4.
3.
Kanchan Kumar Son of Late Chinta Devi, Resident of Village - Bojha Bigha P.O. - Bharthauli, P.S. - Jamhor, District- Aurangabad. 3.
Jageshwar Yadav Son of Mangar Yadav, Resident of Village - Rabikar, P.S. - Aurangabad, District- Aurangabad.
4.
Mostt. Panbasia Widow of Ramkrit Yadav, Resident of Village - Aurangabad Mohalla, P.S. - Baratpur, District- Aurangabad. 5.1. Anil Kumar Khemka Son of Late Baijnath Prasad Khemka, Resident of Village Aurangabad P.S. and District Aurangabad.
Patna High Court FA No.486 of 1985(30) dt.26-11-2024 2/3 5.2. Sunil Kumar Khemka Son of Late Baijnath Prasad Khemka, Resident of Village - Aurangabad P.S. and District Aurangabad. 6.
Durga Mahto Son of Name not known, Resident of Village - Sahpur, P.S. and District- Aurangabad.
7.
Lachuman Mahton Son of Chhedi Mahton Decd. Resident of Village - Sahpur, P.S. and District- Aurangabad.
8.
Sheo Mahton Son of Chhedi Mahton Decd. Resident of Village - Sahpur, P.S. and District- Aurangabad.
9.
Thakur Mahton Son of Chhedi Mahton Decd. Resident of Village - Sahpur, P.S. and District- Aurangabad.
10.
Smt. Mainawati Kumari W/o Sri Tanik Mandal, Resident of Village - Ketaki, P.O. - Ketaki, P.S. Dev, District- Aurangabad. 11.
Rambha Devi W/o Upendra Kumar R/o Kosdihra Tole - Gayaspur, P.S. - Jamhor, District- Aurangabad.
12.
Smt. Susila Devi W/o Pradip Kumar Yadav, R/o Gandhi Nagar, P.O. and P.S. and District - Aurangabad.
13.
Sri Shyam Narayan Yadav S/o Sri Nathuni Singh, R/o - Sahpur, Tola - Kamabigha, P.O. and P.S. and District- Aurangabad. 14.
Shiv Narayan Yadav @ Shiv Narayan Bhashkar Son of Nathuni Singh (Respondent no. 2) Resident of Village - Sahpur Tola - Kamabigha, P.O. and P.S. and District- Aurangabad.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Md. Waliur Rahman, Advocate Mr. Krishna Kant Tiwary, Advocate For the Respondent/s :
Mr. Alok Kumar Sinha, Senior Advocate Mr. Bhola Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-11-2024 Re: I.A. No.14 of 2024 This interlocutory application has been filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 on behalf of both the parties for recording compromise and passing a compromise decree in terms of schedules of the movable / immovable lands / properties which are subject matter of the instant appeal.
Patna High Court FA No.486 of 1985(30) dt.26-11-2024 3/3
2. Learned counsel for both the parties jointly submit that both the parties have amicably settled dispute between them by executing compromise deed without any threat, coercion or any undue influence of any kind from any corner and the joint compromise petition has also been annexed as Annexure-1 attached with this interlocutory application.
3. Learned counsel for the parties further submits that respective parties have signed on the compromise petition and on the interlocutory application and they have also filed their respective affidavits in support of the compromise petition.
4. In view of the submission of learned counsel for the parties and considering the averments made in the application, I.A. No.14 of 2024 is allowed.
5. Let the decree be prepared in accordance with the compromise as filed by the parties.
In F.A. No.486 of 1985
6. With the aforesaid submission of learned counsel for the parties and keeping the view that compromise has taken place between the parties, the instant appeal is disposed of. (Sunil Dutta Mishra, J) ashishkr/- U