ABDULLAH KHAN Vs. INTEZAR KHAN

JUDGEMENT

(1.) Heard Mr. C. Baruah, learned Senior Counsel for the petitioners as well as Mr. N. C. Das, learned Senior Counsel for the respondents.

(2.) By filing this application under Article 227 of the Constitution of India, the petitioners have prayed for setting aside the order dated 28.9.10 passed by the learned Munsiff No. 1, Dibrugarh in T.S. No. 110/2006, thereby rejecting the prayer made by the petitioners to pass a compromise decree under Rule 3 of Order XXIII of the CPC in accordance with the terms and conditions written in the Deed of Settlement of Dispute dated 25.06.2010.

(3.) The learned Senior Counsel for the petitioners submits that in course of the proceedings of T.S. No. 110/2006, the parties had talked for a compromise and the dispute between the parties was settled by entering into the above referred Deed of Settlement of Dispute on 25.06.2010 and in terms of the said settlement, the original respondents herein were also paid a sum of Rs.5,00,000/- (Rupees five lakh only) and in consideration thereof the original respondents herein had withdrawn and relinquished their all claims, contentions and objections in the suit as well as another litigation i.e. RSA No. 41/2001 pending before this Court and the original respondents had also agreed to vacate the suit land and to remove their all belongings therefrom within a time as stipulated therein. It is stated that in the Deed of Settlement of Dispute dated 25.06.2010, the original defendants were represented by one, Abdul Jalil, the constituted attorney of the original respondents. Reference in this order is made to the original respondents because during the pendency of this Revision, the original respondents No. 2 and 4 had died and their legal representatives were substituted and brought on record.