Most.Sahodri Devi & Ors. v. Parshuram Prasad Agrawal & Ors.

.... .... Respondent/s ====================================================== Appearance : (In SA No.292 of 2002) For the Appellant/s : Mr. Naresh Chnadra Verma For the Respondent/s : Mr. Arun Kumar Lal Mr. Mahesh Narayan Parbat Mr. Ved Prakash Srivastava (In SA No.334 of 2002) For the Appellant/s : Mr. Ved Prakash Srivastava Mr. Sunil Kumar Tiwary Mr. Mahesh Narayan Parbat For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17 01-10-2012 Heard the learned counsels for the parties on I.A. No.7631 of 2009 filed by the parties in Second Appeal No.292 of 2002 and I.A. No.8963 of 2009 filed by the parties in Second Appeal No.334 of 2002. Both these applications are filed by the parties under Order 23 Rule 3 C.P.C. It appears that out of the same judgment and decree, Patna High Court SA No.292 of 2002 (17) dt.01-10-2012 2 two Second Appeals have been filed. The respondents in Second Appeal No.292 of 2002 are the appellants in Second Appeal No.334 of 2002 and vice-versa. Both the parties have compromised and in both the Second Appeals, compromise applications have been filed. It further appears that in Second Appeal No.334 of 2002, the original I.A. No.8963 of 2009 was misplaced and, therefore, the appellants were directed to file a copy of the I.A. for reconstruction of the compromise application. Accordingly, a copy of the said I.A. has been filed. From perusal of the compromise application, it appears that there is no defect and the office has also not pointed out any defect. In such view of the matter, since the parties have compromised and in both the Second Appeals, compromise applications have been filed and there is no impediment in recording the compromise between the parties, thus, compromise is accepted and these two Second Appeals are disposed of in terms of the compromise. The compromise applications i.e. I.A. No.7631 of 2009 shall form part of the decree in Second Appeal No.292 of 2002 and the compromise application i.e. I.A. No.8963 of 2009 shall form part of the decree in Second Appeal No.334 of 2002. Saurabh/- (Mungeshwar Sahoo, J)