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M/S. Shivi Palace Thr. Its Partner Sri M. Singhal And Ors. v. Rauf Raza Khan And Others - FIRST APPEAL No. 236 of 2000  RD-AH 6254 (23 November 2005)
(Court No. 51)
First Appeal NO. 236 of 2000
M/s Shivi Palace and others Vs. Rauf Raza Khan and others.
Hon'ble S.U.Khan J
A compromise application under Order 23 Rule 3 C.P.C has been filed alongwith application dated 9.11.2005 bearing No. 217686 of 2005. Compromise application has been numbered as 217689 of 2005. Signatures of the parties on the said compromise application have been countersigned by Sri S.M.Agarwal Advocate, District Court, Rampur. Both the learned counsel appearing for the respective parties in this First Appeal have stated that the signatures on the compromise application are those of the parties and they verify it and they have also stated that the compromise as contained in the compromise application has in fact been arrived at.
Accordingly appeal is allowed. Judgments, order and decree dated 3.2.2000 passed by Additional District Judge/ Special Judge, Rampur in Civil Misc. Case No. 6 of 1990 arising out of OS No. 2 of 1986 in which preliminary decree was passed on 21.1.1990 are set-aside. Preliminary decree is also set-aside. Suit is decreed in terms of the compromise.
First part of the compromise is that party of the first part will pay a sum of Rs 1 lakh to the second party. A cheque of Rs. 1 lakh drawn in favour of Rauf Raza Khan plaintiff respondent No.1 has been handed over by Sri P.K.Jain to the learned counsel of Rauf Raza Khan, Sri Mahtab Alam in this High Court. The first clause is therefore satisfied. By virtue of the second clause of the compromise an amount of Rs. 51176/- and three FDRs deposited by first party/ appellants before the trial court is to be returned to the appellants. Let the said amount and FDRs shall at once be returned to the appellant.
No order as to costs.
Let the compromise form part of the decree.
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