JUDGMENT

The Counsel for the parties submit that the first respondent, who is the mother of the appellant and other respondents, is dead and she is survived only by the appellant and the other respondents and the right to sue survives only in their favour. The counsel also submit that they may be permitted to make necessary endorsement in the cause title.

The counsel are permitted to make a note in the cause title indicating the demise of the first respondent and that the appellant and other respondents are her only legal heirs, and the necessary note in the cause title is also made. The filing of the amended Memorandum of Appeal is dispensed with.

The appellant and the other respondents are present and are identified by their respective counsel, and they have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, which reads as follows:

“MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE, 1908 The plaintiff/appellant and defendants/respondents above named jointly submit their compromise petition here as under:-

1. The subject matter of the suit is for partition and for separate possession of the suit schedule property