CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

37 15-12-2025 Re :- I.A. No. 02 of 2025 The instant interlocutory application has been filed by the appellants and the respondents jointly under Order 23 Rule 3 of the Code of Civil Procedure (C.P.C.) with a prayer to decide this appeal in the light of the compromise arrived at in between both the parties.

2. Mr. Ram Shankar Kumar, learned counsel appearing for the appellants submits that the partition suit bearing No. 84 of 1972 titled ‘Siya Ram Mandal and Others vs. Mukti Mandal and Others’, was filed for partition of the suit land and that was decided by the court of learned Sub-Judge, Samastipur, holding therein that the plaintiffs (respondents here) are entitled to get 1/3 share of the suit property and that judgment was passed on 06.05.1976 and accordingly, decree was prepared on 25.05.1976. That judgment and decree was challenged before this Court by way of this appeal. During the pendency of this appeal, the original plaintiffs (here, respondents) and the original defendants (here appellants) died and thereafter, their legal heirs were substituted, who are present appellants and defendants in this appeal and in betw