DEVENDRA Vs. SHANTKUMAR

JUDGEMENT

(1.) Petitioner is assailing the order dtd. 8/7/2023 in O.S.No.45/2016 passed by the Taluka Legal Services Committee and Senior Civil Judge & JMFC at Aland, whereby the compromise petition submitted by the plaintiffs and defendant No.1 under Order 23 Rule 3 of CPC was accepted and the suit of the plaintiffs was decreed in terms of the compromise petition.

(2.) Brief facts:

(3.) After attaining majority, the plaintiffs filed an application under Order 32 Rule 12 of CPC to discharge the guardian and prosecute the case independently. The said application was allowed and the counsel appearing for plaintiffs Nos.1 and 2 filed a memo stating that the plaintiffs did not want to proceed against defendant Nos.2 to 11. Accordingly, on 26/6/2023, the suit against defendant Nos.2 to 11 was dismissed 'as not pressed'. On the very same day, the plaintiffs and defendant No.1 filed compromise petition under Order 23 Rule 3 of CPC , the compromise petition was perused by the Court and the matter was referred to the Lok-Adalath. On 8/7/2023, a settlement was arrived at between the plaintiffs and defendant No.1 before the Lok-Adalath. The suit was then decreed in terms of the compromise.