BIRDHA RAM Vs. MANOHAR LAL

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 09.11.2009 passed by Additional District Judge No.2, Jodhpur, whereby, the suit filed by the appellant-plaintiff for recovery of a sum of Rs.3,21,200/- has been dismissed by the trial court under Order VII, Rule 11 CPC.

(2.) During pendency of this appeal by order dated 07.11.2013, the matter was referred to the Mediation Center attached to this Court and parties were directed to remain present before the learned Mediator.

(3.) A report dated 28.01.2014 has been received from the learned Mediator, inter alia, indicating that the parties have compromised the suit on consideration of Rs.5,80,000/-. The respondent Manohar Lal has paid the said amount in Cash to the appellant Birdha Ram, which the appellant has received. Alongwith the report, an application under Order XXIII, Rule 1 CPC has been forwarded, which is duly signed by both the parties and their respective counsels, wherein a prayer has been made that the appeal filed by the appellant may be dismissed.