GOPAL KRISHNA SAHA Vs. SMT. SUTARA SAHA

JUDGEMENT

(1.) - By an order dated 4th Dec., 1997 in the Appeal No. 55 of 1993 arising out of Suit No. 754 of 1990 a Division Bench of this Court disposed of the Suit in terms of the terms of settlement filed therein and the decree was passed accordingly. Parties have acted on the basis of such terms. Terms of settlement are available being the part and parcel of the order of the Division Bench aforesaid under Annexure "D' herein. Clause 21 of the terms provides as follows :

(2.) It appears from the Annexure "F' of the present application that appropriate applications in respect of dropping the proceedings before the criminal Court as above were taken out specifically mentioning in the petitions that the same has been done pursuant to an assurance given before the Division Bench to withdraw or drop the proceedings as above.

(3.) However, no steps were taken thereafter to withdraw the same nor the Court proceeded with such applications in due compliance of the order of the Division Bench of this Court.