Alok Sharma, J. - (1.) THE matter comes up on an application No. 31487/2012 stating that the matter has been compromised between the parties and the present misc. appeal against the order dt. 01.06.2007, passed by the District Judge, Tonk on an application under Sec. 372 of the Indian Succession Act, 1925 be disposed of accordingly. In terms of the compromise allegedly entered into between the appellant - -Dayaramdas Chela Baba Kandas and the respondent No. 2 -Girdharidas Chela Kandas in this appeal on 10.02.2012, it has been agreed that the succession certificate following the death of one Baba Kandas should be in favour of the appellant -Dayaramdas Chela Kandas and that the earlier proceedings taken by the respondent No. 2 -Girdharidas Chela Kandas before the trial Court for obtaining the succession certificate were a misdirection owing to the respondent No. 2 having been misled by the interested parties. The compromise records the fact that the Succession Certificate following the death of Baba Kandas should be issued in favour of the appellant -Dayaramdas Chela Kandas and thus the one issued in his favour by the learned District Judge should be overturned.
(2.) I have heard the counsel for the parties and perused the photo -stat copy of the compromise dt. 10.02.2012 stated to have been entered into between the appellant and the respondent No. 2. In my considered opinion, the compromise dt. 10.02.2012 is an event subsequent to the passing of the impugned order dt. 01.06.2007. In a civil misc. appeal, it is not possible to appreciate the facts detailed in the compromise in the context of the evidence of the parties before the lower Court in the first instance. Consequently, for the reconsideration of the matter in view of the compromise now propounded by the appellant and the respondent No. 2, in my considered opinion, it would be just and proper to set aside the order it. 01.06.2007, passed by the District Judge, Tonk and remand the matter to the jurisdictional District Judge for reconsideration of the application under Sec. 372 of the Indian Succession Act, 1925 afresh. The learned District Judge is directed to reconsider the question of grant of Succession Certificate following the death of Baba Kandas in the context of the overall evidences and the compromise between the parties, if necessary by recording further evidence, in accordance with law.
(3.) THE civil misc. appeal is accordingly disposed of. The misc. application is allowed.;