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1997 Supreme(All) 476

D.K.SETH
VIMLA KUMARI GWAL – Appellant
Versus
SATISH KUMAR YADAV – Respondent


Advocates Appeared:
M.D.Singh, SANKATHA RAI,

D. K. SETH, J.

The plaintiff-opposite party had filed a suit for partition in the Court of learned II Additional Civil Judge (Senior Division) Varanasi being Original Suit No. 551 of 1995. The defendant-ap plicant had filed suit for declaration being Original Suit No. 752 of 1994 denying the title and interest of the plaintiff-opposite party in respect of the property sought to be partitioned in Original Suit No. 551 of 1995. The plaintiff opposite party filed Original Suit No. 613 of 1994 against one Sri Pradip. Kumar Yadav for injunction. The said Pradip Kumar Yadav filed Original Suit No. 750 of 1994 against the plaintiff-opposite-party for injunction. On 17th November 1995 a petition of compromise between the plaintiff and the defendant were filed in Original Suit No. 551 of 1995. In the said compromise filed in Original Suit No. 551 of 1995 other three suits mentioned above were also sought to be decided in terms of the compromise between the parties. By an order dated 18th November 1995 in the presence of learned Counsel for both the parties, both the parties had verified the compromise. Accordingly the learned Civil Judge had passed a Compromise decree on 19th November, 1995
































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