Advocates:
['SUDHIR KUMAR BIJPURIA', '', 'ANJIL KUMAR', AJAY KUMAR'AJAY, 'JASHWIR SINGH ARORA', 'Manoj Kumar', 'Ajay Kumar', 'Ravi Bhatia', 'RAKESH KUMAR CHANDRAM', '', 'UDAY SHANKAR SHARAN SINGH', 'Anish Chandra Sinha', 'Satish Kumar Sinha']

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.222 of 2007

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1. Smt. Rita Devi, wife of Late Sachindra Kumar, Roy, resident of Mohalla

Danka Kuncha, Police Station Khajekalan, Post Office Jhauganj, Patna City,

Patna-800008

2. Vishal Chandra, son of Late Sachindra Kumar, Roy, resident of Mohalla

Danka Kuncha, Police Station Khajekalan, Post Office Jhauganj, Patna City,

Patna-800008

3. Radha Chandra, minor daughter of Late Sachindra Kumar, Roy, under the

guardianship of mother Smt. Rita Devi, wife of Late Sachindra Kumar, Roy,

resident of Mohalla Danka Kuncha, Police Station Khajekalan, Post Office

Jhauganj, Patna City, Patna-800008

4. Gaurav Chandra, minor son of Late Sachindra Kumar, Roy, under the

guardianship of mother Smt. Rita Devi, wife of Late Sachindra Kumar, Roy,

resident of Mohalla Danka Kuncha, Police Station Khajekalan, Post Office

Jhauganj, Patna City, Patna-800008

5. Saurav Chandra, minor daughter of Late Sachindra Kumar, Roy, under the

guardianship of mother Smt. Rita Devi, wife of Late Sachindra Kumar, Roy,

resident of Mohalla Danka Kuncha, Police Station Khajekalan, Post Office

Jhauganj, Patna City, Patna-800008

... ... Appellant/s

Versus

1. SRI HARIHAR PRASAD

2. Sri Arun Kumar

3. Sri Ajoy Kumar

4. Sri Vijay Kumar

5. Sri Kanhaiya Lal

All sons of Late Ram Swarup Shah, resident of Mohalla Nagla, Main Road,

Police Station Malsalami, Post Office Jhauganj, Patna City, Patna-800008

6. Deepak Kumar Roy

7. Dilip Kumar Roy

8. Asha Kumar Roy @ Munni Devi Roy

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr. J. S. Arora, Sr. Adv.

For Res. Nos. 1-5

:

Mr. Satish Chandra Sinha

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

30

09-12-2021

Heard learned Senior Counsel for the appellants and

learned Counsel for the respondent nos. 1 to 5.

I. A. No. 08 of 2019 has been filed, under Order

XXIII Rule 3 of the Civil Procedure Code, 1908, for disposal of

Patna High Court FA No.222 of 2007(30) dt.09-12-2021

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the appeal, in terms of the compromise arrived at between the

parties.

Title Suit No. 198 of 2003 was filed by the plaintiff-

respondents before the Sub Judge II, Patna City, Patna, for a

decree of specific performance of contract, arising out of an

agreement for sale of a property, the details of which has been

mentioned in the schedule of the plaint and decree. The said suit

was decreed in favour of the plaintiff-respondents by order,

dated 07.07.2007, passed by the Sub Judge II, Patna City, Patna,

and against the said judgment and decree, dated 07.07.2007, the

present appeal has been filed.

While admitting the present appeal, the further

proceedings of the Execution Case No. 08 of 2007, filed for

execution of the decree, dated 07.07.2007, has been stayed by

this Court, by order, dated 17.12.2009.

Learned Counsel for the parties, appearing before this

Court submits that with the intervention of the common friends

and well wishers, both the parties have arrived at an amicable

settlement and the terms and condition of the settlement has

been mentioned in paragraph 6 of the I. A. No. 08 of 2019.

Accordingly, the submission of both the parties is that with the

consent of the parties, the decree, dated 07.07.2007, under

Patna High Court FA No.222 of 2007(30) dt.09-12-2021

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appeal, be modified in terms and condition of the settlement

arrived at between the parties, details of which has been

mentioned in paragraph 6 of I. A. No. 08 of 2019.

Having heard learned Counsel for the parties and with

their consent, the judgment/decree, dated 07.07.2007, under

appeal, is modified on the basis of the terms and conditions

agreed upon between the parties, which are mentioned in

paragraph 6 of I. A. No. 08 of 2019.

This appeal is accordingly disposed.

The compromise petition, bearing I. A. No