RAJESHWAR PD SHARMA Vs. MANI BHUSAN SHARMA

JUDGEMENT

(1.) Petitioners are plaintiffs of Title Suit No. 371 of 1973 which they had filed for partition of their moiety share in the suit property and for other ancillary reliefs.

(2.) The said suit was decreed on contest on 26-7-1976 and a Preliminary decree of partition of the plaintiffs' moiety share was drawn. Against the said decree the defendants-opposite parties preferred First Appeal No. 775 of 1976, but subsequently the said First Appeal was withdrawn. It further transpires that proceeding for preparation of Final Decree was initiated in the year 1976 whereafter a compromise petition dated 1 -3-1977 was filed in the suit by both the parties but after more than two years Plaintiff No. 2 filed an objection to which the defendants filed their rejoinder on 31-7-1979. Subsequently, on 10-9-1979 the learned Court below rejected the plaintiffs' objection to the compromise petition and accepted the compromise directing for preparation of Final Decree.

(3.) Against the said order dated 10-9-1979 the plaintiff filed Civil Revision No. 2351 of 1979 which was allowed by this Court on 12-3-1984 (Annexure-1) and the said impugned order was set aside and the matter was remanded to the trial Court for recording its satisfaction that the compromise was lawful and the suit was adjusted wholly or partly. Thereafter, the matter was re-heard by the trial Court and by order dated 17-4-1998 (Annexure 2) the trial Court allowed the plaintiffs objection and rejected the compromise petition as not valid.