MUZAFFAR AHMAD BHAT Vs. YOUSUF BEIGH AND ORS.

JUDGEMENT

(1.) Civil Miscellaneous Appeal on hand is directed against the Judgment of learned First Appellate Court (Principal District Judge, Anantnag) dated 24th June 2013, whereby Civil First Appeal against the trial court Judgment has been allowed and the suit remanded to the trial court for its fresh disposal under law. The appeal arises in the background detailed in the next following para. The Appellant on 14th February 2002, filed a suit against one Khazir Bhat S/o Moma Bhat R/o Chirhama, Tehsil Kulgam. The suit was registered and the summons issued to the defendants. It was directed to be listed on 5th March 2002. The defendant on 18th February 2002, filed an application before the trial court (Sub Judge, Kulgam) praying therein that as the parties proposed to enter into a compromise, the suit may be listed enabling parties to settle the matter. Learned trial Judge, directed the office to put up the case file on 18th February 2002 itself.

(2.) The case file was listed before the court on 18th February 2002. The parties submitted the written comprise whereby the controversy was proposed to be settled. The trial court recorded the statements of the parties and the witnesses identifying the parties. The parties accepted the contents of the compromise and confirmed that the compromise was scribed at their instance, with their consent and was true and correct. The statements of counsel for the plaintiff (present Appellant) namely Praveez Ahmad Jan, Advocate and defendant, were recorded in support of the compromise and so was the statement of Muzaffar Ahmad Tak Advocate, identifying witness. The trial court in its order dated 18th February 2002, recorded that the parties presented (compromise) in open court, the contents of the compromise were read over and explained to the parties, accepted by them as true and correct and that their statements as also the statement of the identifying witness were recorded in the open court. Learned trial Judge adjourned the suit to 5th March 2002, for orders.

(3.) The defendant as ill luck would have it breathed his last on 28th February 2002. The matter came before the trial court on 5th March 2002 for orders and suit was disposed of in terms of the compromise and decree prepared accordingly.