SREENIVAS LAD Vs. EKNATH

JUDGEMENT

(1.) These two appeals arise out of O.S.No.36/2002, which was dismissed by judgment and decree dated 13/03/2014. RFA.No.100063/2014 is filed by plaintiff in the said suit, while RFA.No.100122/2014 is filed by defendant No.5 in the said suit. These appeals have been pending adjudication before this Court. During the pendency of these appeals, parties to the appeals have entered into a compromise by way of a family arrangement today (07/08/2018).

(2.) Learned counsel appearing for the appellants and learned senior counsel appearing for some of the respondents as well as other learned counsel for the respondents jointly submit that these appeals could be disposed off by way of compromise/family arrangement arrived at between the parties. They further submit that, a Memorandum of Compromise by way of a family arrangement between the parties is filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure Code, 1908 (CPC). Learned counsel for the appellants as well as learned senior counsel for some of the respondents as well as learned counsel for other respondents further submit that, the Memorandum of Compromise has been signed by parties to the appeals on their behalf and, who also have the authorization to sign the same on the basis of the respective Special Powers of Attorney, which have been granted by the other respondents to the appellants as well as some of the respondents. They submit that all the signatories to the Memorandum of Compromise are present in Court.

(3.) Learned counsel for the appellants and learned counsel for the respondents have identified their respective parties, who are the signatories to the Memorandum of Compromise by way of a family arrangement, and the signatories to the compromise submit that the settlement of disputes between the parties to the appeals have been arrived at, on their own free volition and without any force or coercion from any person or any quarter. They further submit that, they have signed the Memorandum of Compromise on their behalf and on behalf of the persons who have authorized them to sign the same.