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Judgment
Anubha Rawat Choudhary, J
Learned counsel for the parties are present.
This 2nd appeal has been filed against the judgment and decree dated 04.04.2009 (decree sealed and signed on 24.04.2009) passed by learned District Judge at Koderma in Title Appeal No. 17 of 2008 whereby the appeal was allowed and the judgment and decree dated 15.03.2008 (decree sealed and signed on 29.03.2008) passed by learned Munsif, Koderma in Title Suit No. 11 of 2000 was reversed. The suit was dismissed, 1st appeal was allowed and consequently, the defendants are the appellants before this Court.
The learned counsels have jointly submitted that the matter has been settled out of Court and a joint compromise petition has been filed being I.A. No. 14380 of 2025. They submit that terms of compromise be recorded and the appeal be disposed of in terms of the compromise.
The learned counsels for the parties have referred to the terms of compromise in paragraphs 4, 5, 6 and 7 of I.A. No. 14380 of 2025 which read as under:
“4. That both parties have compromised the case out side of this Hon'ble court with intervention of their well-wishers and common friends and panchati was held amicably and both parties have decided to divide equal share of suit land bearing Khata No. 1485, Plot No. 127, Area 0.32 Acer out of 0.72 Acer having boundary of 0.32 Acer is in north Talebar Kandu and other, South Niz Plaintiff, East Rasta, Weast Niz Plaintiffs is situated at village Markacho, PS- Markacho, PS No. 141 District-Kodarma between them and both parties have compromised on 24.03.2019 in presence of members of Panch (mediators) and witnesses.
That the appellants and respondents have settle all dispute issues outside this Hon'ble court in intervention of their well-wishers and friends, panchati and relatives both barites have amicably settled all dispute and now both parties are not want to contest the second appeal and any suit regarding subject matter of suit land in future and with intervention of mutual friends and close relatives, informant and the appellants and respondents have compromised this second appeal out side of this Hon'ble court with their sweet will.
That the respondents also does not want to contest the instant second appeal and any suit regarding subject matter of suit land any longer against the appellants and they have no any objection to divide equal share of suit land bearing Khata No. 1485, Plot No. 127, Area 0.32 Acer out of 0.72 Acer having boundary of 0.32 Acer is in north Talebar Kandu and other, South Niz Plaintiff, East Rasta, Weast Niz Plaintiffs is situated at village Markacho, PS- Markacho, PS No. 141 District-Kodarma between appellants and respondents.
That thus it is prayed that this Hon'ble court in exercise of power by the under the jurisdiction and allow the compromise petition be pleased to allow the instant second appeal and may kindly permit the instant compromise application of both parties are part judgment and of decree.”
Considering the submissions, this 2nd appeal is disposed of in terms of the aforesaid compromise.
I.A. No. 14380 of 2025 is accordingly disposed of.
Other pending interlocutory application, if any, is dismissed as not pressed.
Office to prepare decree accordingly.
Let this order be communicated to the learned Court concerned through ‘FAX/email’.