ORDER :

Ashok Kumar Jain, J.

1. Instant second appeal is preferred aggrieved from judgment dated 15.10.2008 in civil regular appeal No.06/2008 passed by learned Additional District Judge No.9, Jaipur City, Jaipur, wherein an appeal preferred by respondent defendant aggrieved from judgment and decree dated 08.01.2008 in civil suit No.185/1982 passed by learned Civil Judge (Junior Division) Jaipur West was allowed and decree for eviction in favour of present appellant plaintiff was set aside.

2. The facts giving rise to the instant second appeal indicate that a civil suit for eviction, arrears of rent and perpetual injunction was filed by Mandir Girdhari Ji Trust and 6 other persons (total seven) against Bhanwar Lal, Raghunath, Ghanshyam, Hanuman and Prakash (total five) on 26.06.1982. During pendency of civil suit a joint written statement was filed by defendant Nos. 1 to 5. During pendency of this civil suit defendants Hanuman, Ghanshyam and Prakash entered into compromise with original plaintiffs and this compromise was exhibited as Ex.4. As per compromise, defendant Nos. 3 to 5