- (1.) The present writ petition has been filed by the petitioners, challenging the order dated 14.11.2011 passed by the District & Session Judge, Karauli in Civil Misc . Case No. 20 of 2006.
(2.) After having heard the learned counsels for the parties, and perusing the documents on record, it appears that the respondent Nos.1 to 3 original plaintiffs had filed two suits, one being No.54 of 90 (140/92)-203/1997 against the representatives of the Jatav Samaj, in which the present petitioners were impleaded as the party-defendants; and the other suit being No. 64/96 against the present respondent Nos.4 to 8, and one Murarilal. The Trial Court had consolidated both the suits, and passed the common decree dated 12/11/2001, however, in the operative portion of the said judgment, following order was passed :- "xxx xxx xxx"
(3.) It appears that being aggrieved by the said judgment and decree, the present petitioners, and the respondent Nos.4 to 8 had filed the appeal being No. 74 of 2001 in the Court of District and Session Judge, Karauli. In the said appeal, the respondent Nos.4 to 8 submitted an application on 9/5/2006 to the effect that the compromise had taken place between the Jatav Samaj, and the respondents i.e. the present respondent Nos.1 to 3 in respect of the disputed properties, and therefore the appellants did not desire to prosecute further with the appeal. The Appellate Court after verifying the said application recorded the proceedings on 9.5.2006. The Appellate Court also passed separate order dismissing the said appeal, on the ground that the compromise had taken place between the parties. The present petitioners thereafter submitted an application under Order XXIII Rule 3 read with Section 151 of CPC requesting the Appellate Court to recall the order dated 9/5/2006, and restore the appeal being No. 74 of 2001 on file. The Appellate Court vide the impugned order has dismissed the said application.;