NARAYAN DAS MAKKAR Vs. RAJENDRA KUMAR MAKKAR

JUDGEMENT

(1.) Heard counsel for the petitioner and legal heirs of the Respondent No. 1.

(2.) Counsel for the petitioner submits that earlier, notices were issued on 23.03.2006 by a Coordinate Bench of this Court on the contesting Respondent i.e. Respondent No. 1 on whose Miscellaneous Appeal No. 01/2004, impugned judgment dated 28.01.2006 was passed by the Court of learned Additional Judicial Commissioner-16th, Ranchi, wherein the order of the learned Administrator, Ranchi Municipal Corporation dated 26.08.2003 passed in Mutation Case No. 1230/95-96 in favour of the petitioner was under challenge. Learned Administrator, Ranchi Municipal Corporation had, by the said order, directed mutation of the property in question being M.S. Plot No. 1698, Holding No. 949, Ward No. 3 of Ranchi Municipal Corporation situate at Upper Bazar, Ranchi in favour of the petitioner. It is submitted that the petitioner and legal heirs of the contesting Respondent No. 1 along with other proforma Respondents, have entered into a compromise now. Copy of the compromise petition has been brought on record through I.A. No. 3488/2016 (Annexure-1).

(3.) According to the petitioner, though a partition suit is pending between the parties before the learned Court at Ranchi bearing No. 213/1985, but during the pendency of the instant writ application, good sense prevails upon the parties. Parties have mutually agreed to certain terms and conditions which have been reduced in writing by way of a compromise petition dated 12.05.2016 sworn before the Notary Public, Ranchi. Petitioner has therefore made a prayer that the writ petition may be disposed of in that light.