SHEKHAR Vs. MADANSINGH

JUDGEMENT

(1.) The plaintiff has filed the present appeal against the judgment and decree dtd. 25/03/2011, whereby the suit of specific performance of contract filed against defendant No. 6 has been partly allowed. The learned trial Court has dismissed the suit for the cancellation of sale deed dtd. 17/03/2008 executed in favour of defendant No. 6 and decreed the suit by directing defendant No. 1 to 4 to return the amount of Rs.9,42,500.00 along with 9% interest to the plaintiff. The operative paragraph of the decree is reproduced below:-

(2.) Vide order dtd. 04/05/2011, this appeal was admitted for final hearing, thereafter, vide order dtd. 20/05/2011 parties were directed to maintain status-quo about the possession over the land in question.

(3.) During the pendency of this appeal, a compromise has been arrived at between the appellant-plaintiff and respondent-defendant No. 6. Accordingly, they jointly filed an application under Order XXIII Rule 3 read with Sec. 151 of the Code of Civil Procedure, 1908 (IA. No. 2295/2021).