Pankaj Kr Pal v. Bijoy Chandra Pal And ANR

Ct.

No.

akb 20.12 F.M.A. 1383 of 2000 Pankaj Kumar Pal -VersusBijoy Chandra Pal & Anr.

Mr. Rabindra Nath Mahato Mr. Aritra Shankar Roy ...For the Appellant Mr. Sudhakar Biswas ...For the Respondent No. 1 Mr. Animesh Das ...For the Respondent No. 2 IA No. C.A.N. 2 of 2022 (Compromise).

Being aggrieved by and dis-satisfied with the judgment and decree dated December 18, 1996 passed by the learned Munisiff, First Court at Midnapore, District - Midnapore in Other Suit No. 225 of 1993 plaintiff/petitioner No. 2 preferred Other Appeal No. 15 of 1997.

The Court below allowed the aforesaid Other Appeal, and disposed of the appeal by remitting the case record to the Trial Court for retrial. Challenging the said order of remand, present Miscellaneous Appeal has been preferred before this Court.

During pendency of the instant appeal, at the intervention of the well-wishers of the parties to the proceeding, the parties have amicably settled the dispute in terms and conditions laid down in paragraph 13 of the compromise application, being IA No. C.A.N. 1 of 2022. Perused the terms and conditions of the compromise application, which appears to be lawful. In such view of the matter, let the Appeal, being F.M.A. 1383 of 2000 be and the same is hereby decreed in accordance with the terms contained in paragraph 13 of the compromise application dated 29th August, 2022.

The contents of paragraph 13 of the application, being IA No. C.A.N. 1 of 2022 be made part of the decree. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, on priority basis on compliance of all usual formalities.

( Ajoy Kumar Mukherjee, J.)