PARSHURAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Intra-Court Appeal under clause 10 of the Letters Patent of Patna High Court has been filed against the judgment and order dated 10.07.2012 passed in C.W.J.C. 16432 of 2009 by the Hon'ble Single Judge of this Court.

(2.) As all the parties have appeared, and with consent, this appeal is being disposed of at this stage itself.

(3.) The said writ petition was filed by the appellants herein, the appellants and respondent nos. 4 and 5 to this appeal and the writ petition are agnates. Respondent nos. 2 and 3 of this appeal and the writ petition are unrelated persons to the writ petitioner/appellant or the respondents. It seems that the family of petitioners and respondent nos. 4 and 5 had extensive lands. There were disputes amongst the parties and ultimately the matter was referred for amicable settlement through Panchayat. The Panches gave an Award on 21.03.1986 specifying properties allotted to various parties. It appears to have been registered on or about 01.04.1986. In order to give legal effect to the said Award, Respondent no.4, Sri Bangali Singh, who happens to be a Senior lawyer of Siwan, Civil Court, filed a Title Suit No. 161 of 1986 for making the Award a rule of the Court. While the suit was pending, a compromise petition, by all the parties, was filed on 17.05.1990, and in pursuance thereto, a compromise decree was passed on 17.05.1990, which was sealed and signed by the Court on 21.06.1990. The Award dated 21.03.1986 was made a part of the compromise decree. Respondent No.4, Bangali Singh, then filed a Mutation Case being Mutation Case No. 97 of 2005/2006 along with other parties, which was allowed, and properties were duly mutated in different names on 15.06.2005.