Partial compromise in civil suits allows for multiple decrees; courts must record and enforce agreements settled among parties.

1. The Second appeals are filed by the appellants challenging the judgment and decree dated 27.4.2017 passed by the learned 3rd Additional District Judge, Surat in Regular Civil Appeal No. 20 of 2006, as well as judgment dated 4.9.2005 passed by the learned 4th Additional Senior Civil Judge, Surat in Special Civil Suit No. 67 of 1982, whereby the suit preferred by the original plaintiffs was partly allowed and a preliminary decree under O.20, R.18(1) of Code of Civil Procedure, was ordered to be drawn.

2. There is cross Second Appeal also filed by the defendants of Second Appeal No. 301 of 2017 and Second Appeal No. 302 of 2017 being Second Appeal No.342 of 2017 wherein they have challenged order passed below Exhibit - 79 dated 15th December 2016.

3. In all the three appeals parties are common. The settlement agreement entered into between all the concerned parties and the terms and conditions entered into by and between the parties of all the three second appeals. The said content terms are on record of Civil Application No. 3 of 2022 in Second Appeal No. 301 of 2017, Civil Application No. 3 of 2022 in Second Appeal No. 302 of 2017 and Civil Application No. 1 of 2022 in Second Appeal No. 342 of 2017 (wherein translated version dated 28.3.2022 in Gujarati is also on record in addition to the English version) whereby all the four brothers and their legal heirs namely Naranbhai Manibhai Patel, Dineshbhai Manibhai Patel, Muljibhai Manibhai Patel and Ishwarbhai Manibhai Patel have entered into consent terms and they have agreed that the description of subject parcels of land given in paragraph No. 1 (A to E), is now not in dispute in the present proceedings and they all have consented the dispute with regard to said subject properties mentioned in paragraph No. 1(A to E) and prayed that this Court may pass the partial decree on the basis of the consensus arrived at between the parties. The paragraph No. 6, wherein dispute of subject parcels of land is settled, reads as under: -
“1. All parties herein have resolved inter - se disputes with respect to S immovable properties and have agreed to distribute them in the manner provided hereunder:
(A) For the land bearing survey No. 212 of Vill: Puna, Taluka Chorayasi, Surat District (Block No. 231), till now, names of Naranbhai Manibhai Patel, Dineshbhai Manibhai Patel, Muljibhai Manibhai Patel and Ishwarbhai Manibhai Patel were shown as owners and occupants in the 7/12 extracts of the said land. Kapilbhai s/o Ishwabhai Manibhai Patel and Muljibhai Manibhai Patel an area admeasuring 1821 Sq.Mtrs from the said land to Nareshbhai Haribhai Bavariya vide sale deed dated 15/07/2019. All parties hereby confirm the sale of the said land in favour of Nareshbhai Haribhai Bavariya vide sale deed dated 27/06/2019. So far as the remaining area of the said land admeasuring Total 1827 Sq.Mtrs is concerned, all parties hereby release all their right, title and interest in the said land in favour of Muljibhai Manibhai Patel. For the purpose of this compromise, the said land shall be treated to have gone to the share of Muljibhai Manibhai Patel, who shall hold exclusive rights to use, occupy, transfer, sell and / or deal with the area admeasuring 1821 square Mtrs of the said land in the manner he deems fit. Except Muljibhai Manibhai Patel, none of the other parties herein shall henceforth claim any rights, title or interest in the area admeasuring 1821 Sq.mtrs and / or with respect to the consideration received against sale.
(B) For the land bearing survey No. 283 New Block No. 316 of Village Kosmada, Taluka Kamrej, District Surat (Block No. 318), till now, names of Naranbhai Manibhai Patel, Dineshbhai Manibhai Patel, Muljibhai Manibhai Patel and K