LAWS(ALL)-2010-5-12

VIPIN KUMAR GOEL Vs. STATE OF UP

Decided On May 20, 2010
VIPIN KUMAR GOEL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) By this writ petition the Petitioner has prayed for a mandamus directing the Respondent No. 2 to register the decree dated 22.1.2006 passed in Original Suit No. 441 of 2006.

(2.) Counter and rejoinder affidavits have been exchanged between the parties.

(3.) Brief facts which emerge from the pleadings of the parties are that Petitioner No. 1 filed a Suit No. 441 of 2006 for declaration before the Civil Judge (Senior Division), Bijnor against Petitioner Nos. 2 to 6. A compromise application was filed by the Plaintiff and Defendants in original suit on 27.10.2006. On 27.10.2006 the compromise was verified and by an order dated 8.11.2006 the compromise decree was passed by the civil court. A compromise decree was prepared on 22.11.2006. A representation dated 28.1.2010 was submitted by Petitioners annexing a photo copy of the compromise decree before the Sub-Registrar stating that they want to get the compromise decree registered. The representation of the Petitioners was neither accepted nor any steps were taken by the Sub-Registrar for registration of the decree, hence, the Petitioners filed the present writ petition.