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Judgment
Arindam Lodh, J
During the course of hearing of this appeal, learned counsel representing their respective parties have submitted that the matter had been compromised outside the court.
Accordingly, an application under Order XXIII Rule 1 read with Order XLIII Rule 1 of the CPC has been filed praying for recording the compromise settlement between the parties over the subject matter of the suit.
I have perused the compromise application. Mr. DK Biswas, learned senior counsel assisted by Mr. GK Nama, learned counsel appearing for the respondents has invited my attention to the terms of the settlement mentioned in the application for compromise, which are reproduced as under:
"Terms of Settlement Plot No. 4822 and Plot No. 4799 (part) appertaining to Khatian No. 3343 of Mouja- Dharmanagar Town belong to Smt. Usha Rani Bhattacharya and her children (sic) Plot No. 4798 of the said khatian intersects plot No. 4822 and Plot No. 4799 (part). Because of the intersection by plot No. 4798, the contiguity of the two plots that is plot No. 4822 and Plot No. 4799 (part) is disturbed leaving the part of Plot No. 4799 (part) useless.
So the proposal on behalf of the defendant appellants is
(a) The path way which is now plot No. 4798 of the said khatian may be given to the plaintiffs further to the south in Plot No. 4799 (part) instead of the present patyway and the path way will connect plot No. 4797 belonging to the plaintiffs. The proposed path way now being given to the plaintiffs shall be of the same width as of now.
It may be mentioned that Plot No. 4799 (part) has been sold to late Kamalendu Bhattacharjee. Hence, the proposed path way may be made by the northern boundary of the land of Late Kamalendu Bhattacharjee. The path shall be used by the heirs of Kamalendu Bhattacharjee.
This will be beneficial to all."
Mr. Biswas, learned senior has submitted that the respondents are agreed to the said proposal and the present appeal may be disposed of with the proposal of the defendant-appellants, as mentioned in the terms of settlement of the compromise application. Accordingly, the appeal stands disposed inconformity with the terms of settlement, as mentioned in the application for compromise, and this will form the decree of this court.
Registry is directed to prepare the decree accordingly. Pending application (s), if any, also stands disposed of.