Rama Chandra Rout & Anr. v. Sri Sri Banka Bihari Dev & Ors.
Case at a glance
Outcome
Disposed of
Consequently, the appeal is disposed of in terms of the
Provisions considered
- Code of Civil Procedure, 1908 O. XXIII r. 3
Key paragraphs
- Para 77. Accordingly, it is ordered. In the result, the petition order XXIII Rule 3 CPC stands allowed. Consequently, the appeal is disposed of in terms of the compromise reached inter se parties. It is directed that the compromise affidavit shall be a part of the…
Judgment
Respondents Sri Sri Banka Bihari Dev & Others Mr. B. Pati, Advocate …. CORAM: MR. JUSTICE R.K. PATTANAIK ORDER 31.07.2023 IA No.647 of 2023 Order No.
Heard learned counsel for the parties.
Instant IA is filed in terms of Order XXIII Rule 3 read with Section 151 C.P.C. for disposal of the appeal as per and in accordance with the compromise arrived at between the parties.
Learned counsel for the appellants submits that all the parties are signatories to be compromise and therefore, the appeal should be disposed of on the terms of settlement. It is further submitted that as per Memo dated 28th July, 2023 as at Flag-T, appellant No.1(e), namely, Tapan Rout be treated as Tapan @ Sundarshan Rout as one of the same person, who is a signatory to the compromise. Referring to another Memo dated 24th July, 2023, it is submitted that appellant Nos.1(a), 1(g) 1(h) and appellant No.2 do not have any claim over the suit property which has been settled in terms of the compromise and no relief is also claimed against them. Hence, it is submitted that keeping in view the above and compromise reached at between the parties, the appeal is required to be disposed of in terms thereof.
Leaned counsel for the respondents is present. Having regard to the fact that the parties have reached at a settlement and terms and conditions of such settlement have been reduced in to writing and duly signed by the parties, whose interests are involved and as no objection is received from the side of any of the respondents, the Court is of the view that the petition should be disposed of on such terms as agreed upon between them.
Operative part
Accordingly, it is ordered. In the result, the petition order XXIII Rule 3 CPC stands allowed. Consequently, the appeal is disposed of in terms of the compromise reached inter se parties. It is directed that the compromise affidavit shall be a part of the decree to be drawn up. (R.K. Pattanaik) Judge Tudu Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU Reason: Authentication Location: OHC,CTC Date: 01-Aug-2023 12:16:24
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Consequently, the appeal is disposed of in terms of the
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. XXIII r. 3.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.