NIRVAIL SINGH Vs. BRIJ LAL

JUDGEMENT

(1.) THIS is an application under Order 23 Rule 3 read with Section 151 CPC to dispose of this appeal in view of the compromise effected between the parties dated 21.03.2009 and 16.03.2009 attached with the aforesaid application. As per the aforesaid compromise deeds the plaintiff- respondents have admitted the validity of three sale deeds dated 02.06.1992(i.e. Ex.D-1, Ex.D-8 and Ex.D-11) executed by Sh. Madan Lal, father of the plaintiff-respondents No.1 and 2 and according to this compromise the present appeal is to be allowed and the suit of the plaintiff respondents is to be dismissed. In support of the aforesaid application, affidavits of the appellants as well as plaintiff-respondents have also been attached. Appellants as well as respondent No.1 are also present in the Court. Statement of Mr. Nirvail Singh one of the appellants and Mr.Brij Lal, respondent No.1 have also been recorded, separately. Compromise dated 21.03.2009 and 16.03.2009 and affidavits of the parties attached with the application are taken on record as Mark 'CX1' to 'CX9', respectively.

(2.) ACCORDING to the statement made by the appellant, the matter has been compromised as per compromise deeds dated 21.03.2009 and 16.03.2009 Mark 'CX1' and 'CX2', respectively and the appeal is to be allowed in their favour. Respondent No.1 Brij Lal s/o Madan Lal has accepted the execution of the compromise deeds Mark 'CX1' and 'CX2' and has stated that they have no objection if the appeal is allowed in favour of the appellants. Statements of appellant as well as respondent No.1 are also taken on record

(3.) THE compromise i.e. Mark 'CX1' and 'CX2' and affidavits 'CX3' to 'CX9' and the statments of the parties will be a part of this judgment. The parties shall be bound by compromise deeds and the affidavits and their statements. The appeal is allowed in terms as indicated above.