NITIN JAIN Vs. ANUJ JAIN

JUDGEMENT

(1.) The appellant herein. Mr. Nitin Jain along with .five others, who are the respondents 1-5 in the present Appeal had filed a suit No. 946/2000 for partition and rendition of accounts against the respondents 6-14. It was stated in the Suit that the appellant and the respondents herein belong to one family and are members of S.P. Jain (HUF). The members of the said HUF had also constituted smaller HUFs. Details of the properties owned by the said HUFs are mentioned in the annexure to the suit.

(2.) The appellant and the respondents herein filed IA No. 2592/2001 under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short) for compromise. Paragraphs 2, 3 and the prayer clause in the application are relevant and are reproduced below:- "2. That the parties are in relation to each other. The plaintiffs are children of the defendants No. 2 to 5 and Nos.7 to 10, and the defendants No. 2 to 5 are the sons of the defendants No. 1 and 6. The parties are constituents of various bigger and smaller HUFs, viz S.P. Jain (HUF) and others.

(3.) That during the pendency of the present proceedings, the parties hereto have negotiated and arrived at a settlement. In pursuant to the settlement, parties distributed the moveable and immovable properties. The possession of respective portions have also been taken over by the parties. The properties stood orally partitioned. Parties so as to avoid any dispute in future have decided to incorporate the terms of settlement in the present application and the same are as follows:-