S.K. Dubey, J. -- 1. In this second appeal, the two sisters who were fighting for the agricultural land situated at survey No. 957, area 7 Bigha, 1 Biswa in village Jaura Khurd, District Morena, and a residential house situated at village Shikarpur, left by their father Sardar Singh, have flied an application (I.A. No. VI of 1989) on 17.10.1989 under O. 23, R. 3, CPC for disposing of the appeal in terms of the compromise.

2. Before recording compromise and passing a judgment and decree in terms of the compromise one Rajendra Kumar Goyal filed an application (I.A. No. V/1989) on 20.10.1989 under O. 1, R. 10 and O. 22, R. 10 read with S. 151, CPC stating therein that during the pendency of this appeal Pragobai, the plaintiff, had entered into an agreement for sale of her one-half share in the agricultural land on 23.8.1988 for a consideration of Rs.1,05,000/-, out of which a sum of Rs.25,000/- was paid to her as earnest money and the balance is to be paid at the time of execution of the sale-deed. Rajendra Kumar Goyal alleged that the two sisters have colluded to enter into a compromise to jeopardise his rights and interest, therefore, leave be granted to continue the appeal an