- (1.) THE present first appeal has been filed by the appellants � defendants against the judgment and decree dated 20.11.2004 of learned trial court of Additional District Judge, Bali, district Pali in Civil Original Suit No.11/93 � LRs of Mohanlal vs. LRs of Babulal and others, whereby the suit for declaration, possession and permanent injunction filed by the respondents � plaintiffs was decreed in respect of suit premises viz. � a residential house situated at Falna Station, Tehsil Bali, district Pali.
(2.) BOTH the learned counsels submit that the parties have arrived into a compromise and the said compromise has been duly signed by concerned parties and duly verified by the Dy. Registrar (Judicial) of this Court on 07.09.2012. The terms of compromise reads as under: ...[vernaculam text ommited]...... The Report of Dy. Registrar (Judicial) dated 07.09.2012 is like this: "The compromise has been presented by both the parties through their respective counsels. Appellant Shrainik No.1/5 s/o Babu Lalji is present in person whereas rest of the appellants are represented through Power off Attorney holder and the appellant No.1/5 Shrainik. Similarly respondent No.1/3 is present in person whereas other respondents except respondent No.1/1 are represented through their Power of Attorney holder respondent No.1/3 Suresh Kumar himself. The respondent No.1/1 has expired and his death certificate has been enclosed herewith. Besides this all the four power of attorneys have also been enclosed herewith. All the contents mentioned in the compromise have been read over which were accepted by both the parties. The appellant No.1/5 Shrainik has been identified by counsel Mr. Ramit Mehta whereas the respondent No.1/3 has been identified by his counsel Mr. N.K. Joshi. The compromise has been verified by me today. Sd.00 Dy. Registrar (Judicial)"
(3.) THE present first appeal is accordingly disposed of in terms of the said compromise. The impugned decree dated 20.11.2004 of learned trial court of Additional District Judge, Bali, district Pali in Civil Original Suit No.11/93 � LRs of Mohanlal vs. LRs of Babulal and others is set aside, as prayed. Copy of this order be sent to concerned parties and the learned court below forthwith. The Decree may now be made in terms of the compromise. No costs.;