JUDGMENT

C. Hari Shankar, J. - CM aPPL. 17781/2022 in RFa 859/2010

1. This application, under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, seeks decreeing of Suit 12/2008, earlier decreed in part in favour of the respondents by the impugned judgment dated 21st September, 2010 of the learned additional District Judge ('the learned aDJ'), forming subject matter of challenge in the appeal.

2. The learned Counsel submit that the dispute between the parties stands amicably resolved vide an oral Family Settlement dated 14th January, 2022, which stands reduced in writing vide Memorandum dated 14th February, 2022.

3. a copy of the said memorandum of the oral Family Settlement dated 14th January, 2022 is placed on record along with this application.

4. Learned Counsel for the parties also submit that Respondent 1 has also challenged the impugned judgment dated 21st September, 2010 by way of RFa 13/2011, which has been admitted and is pending before a coordinate Bench of this Court. However, it is submitted that Respondent 1, as the appellant in that appeal, has expired.

5. Mr. arun Batta who represents the legal heirs of the deceased Respondent 1 in the said proceedings submits that