High Court of Judicature at Allahabad
Case Law Search
Noor Ahmad v. Iftikaruddin - SECOND APPEAL No. 3330 of 1982  RD-AH 1267 (18 January 2006)
Court No. 48
Second Appeal No. 3330 of 1982
Noor Ahmad and another........Defendant-Appellants
Hon. S.P. Mehrotra, J.
Case called out in the revised list.
Sri Neeraj Agarwal, learned counsel for the defendants-appellants is present. However, Sri M.A. Zaidi, learned counsel for the plaintiff-respondent is not present.
It appears that Civil Misc. Application No. 1575 of 1990 (dated 21.3.1990) was filed under Order XXIII, Rule 3 of the Code of Civil Procedure, jointly on behalf of the defendants-appellants and the plaintiff-respondent.
The said application was signed by the then learned counsel for the defendants-appellants as well as the then learned counsel for the plaintiff-respondent. It was, inter-alia, prayed in the said application that the Second Appeal be decided in terms of compromise and the parties be directed to bear their own costs.
The said application was accompanied by an affidavit, sworn jointly by Noor Ahmad (defendant-appellant no.1) and Iftikhar Uddin (plaintiff-respondent) on 19th March 1990. Photostat copy of the compromise was filed as Annexure 1 to the said affidavit.
By the order dated 14.12.1999, this Court directed that the compromise be sent to the Court below for its verification.
The said order dated 14.12.1999 is reproduced below:
"The compromise has been filed by the parties and the same requires verification. Send it for its verification to the Court below.
List after three months."
Pursuant to the said order 14.12.1999, the aforesaid application and its accompanying affidavit, including annexure thereto, in original, were sent to the Court below for verification.
In compliance with the directions given in the said order dated 14.12.1999, the learned Civil Judge (Junior Divison), Kasganj, District Etah sent a communication dated 10th March 2000 to the Registry of this Court. It was, inter-alia, stated in the said communication dated 10th March 2000 that the said compromise had been verified in presence of the parties by the learned Civil Judge (Junior Division), Kasganj, District Etah.
Alongwith the said communication, the aforementioned papers sent from this Court, including copy of the compromise, were also returned to the Registry of this Court.
A perusal of the notings on the back-side of Page 2 of the copy of the compromise, filed as annexure 1 to the said affidavit accompanying the aforementioned application, shows that the parties have acknowledged having entered into the said compromise, and the same has been duly verified by the learned Civil Judge (Junior Division), Kasganj, District Etah.
In view of the aforesaid, I am of the opinion that it is in the interest of justice that the Second Appeal be decided in terms of the compromise, copy whereof has been filed as Annexure 1 to the said affidavit accompanying the aforementioned application.
The Second Appeal is, accordingly, decided in terms of the compromise, copy whereof has been filed as Annexure 1 to the said affidavit accompanying the aforementioned application. The said compromise will form part of the decree.
The parties will bear their own costs.
Double Click on any word for its dictionary meaning or to get reference material on it.