The court upheld the principle of allowing withdrawal of proceedings when parties have reached a compromise, as per Order 23 Rule 3 of the Code of Civil Procedure.

JUDGMENT

Chander Bhusan Barowalia, J —Cmp No. 805 of 2018

The present application, under Order 23, Rule 3 of the Code of Civil Procedure, has been jointly moved by the parties for withdrawal of the proceedings, as the parties have arrived at compromise. As per the applicants, the plaintiffs (respondents herein) filed a suit before the learned trial Court for declaration that they alongwith the defendant (appellant herein) are owners-in-possession of the land in question (description whereof find mention in para 1 of the application) , which was dismissed by the learned trial Court, vide judgment, dated 05.09.2007. Subsequently, the plaintiff assailed the said judgment before the learned lower Appellate Court, which was allowed and the judgment passed by the learned trial Court was set aside. Feeling aggrieved, the defendant/appellant preferred the present regular second appeal before this Court. However, during the pendency of the appeal the parties have entered into a compromise, wherein it stand agreed between them that the entire suit land shall vest in defendant, Smt. Subhasho Devi and she will be the sole owner-in-possession of the land, as mentioned in para 1 of the application. The parties have further agreed that pension of late Sh. Govind Ram will be received by the plaintiff, Smt. Vijay Kumari. As far as house and cowshed are concerned, the same will be shared equally half each by both the parties.

2. Heard. At this moment, taking into consideration the fact that the parties have entered into a compromise, which is annexed with the application and duly signed by the parties and after taking into consideration the fact that the application is duly supported with the affidavits of all the respective parties and signed by both the learned counsel, the present application is allowed and the parties are allowed to compromise the matter, as prayed for.

3. In view of compromise arrived at between the parties, the present appeal, so also the pending application(s) , if any, shall stand(s) disposed of. Decree sheet be prepared accordingly. CMP No. 805 of 2018, alongwith affidavits of the parties and compromise deed, annexed with the applicantion, shall form part of the decree. Parties to abide by the compromise.