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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Order dated 25th April, 2023 (Annexure-1) passed by learned Senior Civil Judge, 1st Court, Cuttack in C.M. Appl. No.53 of 2022 is under challenge in this CMP, whereby an application filed by the Petitioners under Section 151 CPC to set aside the compromise decree passed in CS No.801 of 2021, has been rejected as not maintainable.
Mr. Panda, learned counsel for the Petitioners submits that Petitioners are strangers to the suit, i.e., CS No.801 of 2001, which was decreed on compromise. Hence, they file CMA No.53 of 2022 to set aside the compromise decree and to hear the suit on merit. The Plaintiffs as well as Defendants filed an application under Section 151 CPC to hold the CMA to be not maintainable. Learned trial Court rejected the CMA No.53 of 2022 filed by the Petitioners holding it to be not maintainable. Hence, this CMP has been filed.
Mr. Sarangi, learned counsel who entered appearance on behalf of Plaintiffs/Opposite Parties by filing Caveat, vehemently opposes the CMP to be not maintainable.
However, in course of hearing, Mr. Panda learned counsel for the Petitioners submits that Petitioners have remedy under the Code of Civil Procedure, 1908 to assail the compromise decree passed in CS No.801 of 2021. Hence, he prays for withdrawal of the CMP to avail the remedy under the CPC.
In view of such submission, the CMP is disposed of as withdrawn.
Certified copy of Annexure-1 shall be returned to learned counsel for the Petitioners on being substituted with attested photocopy thereof.
Issue urgent certified copy of the order on proper application..
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