TARIKH RAJA Vs. MAHIR RAJA

JUDGEMENT

(1.) I.A. No.4296/2015 (joint application u/O XXIII R 3 CPC)

(2.) Counsels for the parties state and the plaintiff and the defendant are brothers and have decided to bury the hatchets by arriving at a settlement not only in respect of the immovable property, subject matter of the present suit, but also in respect of other properties for which the purpose, separate deeds of settlement have been executed. They state that the suit may be decreed in view of the settlement arrived at between the parties.

(3.) The Court has pursued the present application. The same has been signed by the plaintiff and the defendant and by their respective counsels. The application is supported by the affidavits of both the parties. Annexed with the application is a photocopy of the Deed of Settlement/Compromise dated 11.2.2015 (Annexure-P-1), which has been endorsed as a true copy by both the parties. In the Deed of Settlement, it has been recorded that the parties have agreed that the defendant shall be the absolute and exclusive owner of the suit premises and the plaintiff has given up all his rights, title and interest therein in his favour.