( 1 ) A suit or a Civil appeal can be decided on the basis of compromise under Order 23, Rule 3 of the Civil Procedure Code (CPC) but whether a writ petition in the nature of certiorari, which lies on the error apparent on the face of the record, can be decided (allowed) on the basis of a compromise is a question involved in these cases. The Facts

( 2 ) ONE Abhilash Singh was common ancestor of the parties. He had three sons. Hanuman Dayal Singh, Hari Narain Singh and Shiva Narain Singh. The successors-in-interest of Hanuman Dayal Singh and Hari Narain Singh (the plaintiffs) are on one side; one of the grand daughters of Shiv Narain Singh namely, Smt. Ram Kumari alias Rama Devi and her husband Surendra Nath Rai (the defendant-appellants) are on the other side.

( 3 ) THE dispute in second appeal No. 1271 of 2000 is in respect of house No. D-44/182-A, Bagh Rani Bhawani (Ramapura), Varanasi. Smt. Shyam Kunwar, the mother of Smt. Ram Kumari and daughter in law of Shiv Narain Singh, was recorded in the Municipal records over the same. She executed a sale deed in respect of this house in favour of her son-in-law Surendra Nath Rai (husband of Smt. Ram Kumari) on 13-10-197