(1.) Heard learned counsel for the parties on admission of second appeal and perused the records.
(2.) Original suit no. 763 of 2011 (Surya Dutt Vs. Suresh Chandra) was filed by plaintiff (present appellant) for the relief of permanent injunction. In said case, defendant (present respondent) had filed counter claim. Additional Civil Judge, (J.D.) Court No. 5 Allahabad had passed the judgement dated 11.10.2013 in original suit after affording opportunity to the parties. By this judgment, trial court had dismissed the suit of plaintiff, but partly allowed the counter claim and directed the plaintiff to remove constructions mentioned in order. Against said judgement of trial court, civil appeal no. 254 of 2013 Surya Dutt Vs. Suresh Chandra was preferred by plaintiff. During proceedings of said first appeal, parties had entered into compromise and filed deed of compromise, namely, paper no. 128 Ka/1 and 128Ka/2. In said appeal, after hearing the parties and verifying consent of the parties, Additional District Judge Court No. 15, Allahabad had decided the said civil appeal on the basis of compromise filed by the parties and also directed that deed of compromise (128Ka/1 and 128Ka/2) be formed part of the decree.
(3.) After passing the judgement dated 21.10.2014 of first appeal, the plaintiff/appellant had moved review application on 20.11.2014. The grounds mentioned in review application moved under Order 40 Rule 1 CPC was that defendant/respondent was not obeying direction of decree and compromise entered between the parties. Therefore, judgment passed in civil appeal no. 254 of 2013 dated 21.10.2014 be quashed and the appeal be restored for re-hearing.