SEETHARAMA REDDY, J.

( 1 ) THIS Civil Miscellaneous Appeal brought in by the petitioning 1st defendant is against an order made by the Subordinate Judge, Ongole, rejecting an interlocutory application, I. A. No. 241 of 1980 in O. S. No. 67 of 1980, filed under Order XXIII, Rule 3, Civil P. C. to record compromise in terms of the affidavit to the petition and to pass a compromise decree.

( 2 ) THE averments set out in the affidavit, in brief, are: The respondent-plain-tiff, who filed the suit for partition, is the step-brother of the petitioner (1st defendant ). In the suit, the purchasers of certain lands from the 1st defendant were also impleaded. In the written statement, it is averred that there was a family settlement under which the plaint A and B Schedule properties are not liable for partition as they were allotted to the 1st defendant, and that the plaint C Schedule property and other properties were allotted to the plaintiff. Pending the suit, at the intervention of certain relatives, the matter was settled. As per their advice, the plaintiff and the 1st defendant agreed on 17-4-1977 and arrived at a compromise in the following terms: (a) That the petitioner (1st defendant

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