Honble SHARMA, J.–The plaintiff appellants in the instant Special Appeal seek to quash the judgment dated January 27, 1986 of the learned Single Judge whereby three Civil First appeal, bearing Nos. 202/1973, 56/1974 and 185/1974 were decided.

(2). It is contended on behalf of the appellants that finding of learned Single Judge that family settlement was not compulsorily registrable is erroneous, as terms of family arrangement were reduced into writing in it. The counsel for the respondent Nand Kishore, on the other hand supported the impugned judgment.

(3). Having considered the submissions advanced before us and scanned the material on record, we notice that the learned Single Judge in the impugned judgment observed that the family settlement between the members of the family had taken place as per Ex.A-1 which was signed by all the parties, except Chunni Bai. It was also held that since the family settlement was acted upon by the parties, nothing remained to be partitioned by the Court. Ratio indicated in Kale & Others vs. Deputy Director of Consolidation & Others, AIR 1976 SC 807, was considered by the learned Single Judge and it was held that the family settlement was not compuls

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