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1984 Supreme(All) 419

K.N.MISRA, S.SAGHIR AHMAD
LUXMI NARAIN KAPOOR – Appellant
Versus
RADHEY MOHAN KAPOOR – Respondent


Advocates Appeared:
BRIJESH SAXENA, S.P.SRIVASTAVA

K. N. MISRA, J.

( 1 ) THIS appeal is directed against the judgment and decree dt. 24-2-1981 passed by Civil Judge, Mohanlalganj, Lucknow on the basis of compromise. The plaintiff had filed a suit for declaration alleging that in the family settlement, which took place before the filing of the suit, the property was divided in metes and bounds between the parties. It was, thus, prayed that by means of declaratory decree it be declared that the plaintiff is the exclusive owner and in possession over the property shown by letters A and E in the list of site-plan annexed to the plaint by virtue of mutual family settlement mentioned in paragraph 4 of the plaint. The parties to the suit entered into a compromise which was filed and verified before the court. The learned court below accepted the compromise, but it passed an order which reads as follows :-"in this suit for declaration parties have filed compromise which has been verified before me. In terms of compromise parties have settled their disputes regarding immovable properties specifying particular portion of which particular person has to remain exclusive owner. Rights over the immovable properties are to be created and extingui












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