SANJAY TIWARY Vs. YUGAL KISHORE PRASAD

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India wherein order dated 11.12.2018 passed in Title Suit No.100 of 2004 whereby and whereunder the joint petition filed by the plaintiff and defendant Nos.2 & 3 dated 15.02.2018 for passing a decree in terms of the joint settlement has been turned down.

(2.) The factual aspect of the case is that the plaintiff/petitioner has filed a suit against the defendant No.1/respondent No.1 inter alia for a decree for specific performance of contract and for a direction upon the defendant No.1/respondent No.1 to execute the sale deed and deliver possession to the plaintiff/petitioner in respect to the suit land being Title Suit No.100 of 2004.

(3.) The defendant No.2 and 3 along with the plaintiff have filed petition on 15.02.2018 in the said suit (Annexure-5) wherein prayer has been made to pass decree for 0.50 acre land as per counter claim in favour of the defendant Nos.2 & 3 for the land detailed in Schedule of this compromise and decree may also be passed in favour of the plaintiff for 0.43 acre land detailed in the Schedule of this compromise petition and accordingly direct the defendant No.1 to execute the sale deed in favour of the plaintiff for 0.43 acre land and in favour of defendant Nos.2 & 3 for 0.50 acre land out of the total area 0.93 acre of suit land of Plot No.1803 under Khata No.320 of Village-Baralota as per the admission made in the written statement dated 01.04.2005 filed by the defendant No.1.