NIRMALJIT KAUR,J. - (1.) The petitioner/plaintiff filed a suit for declaration and permanent injunction and for partition of agricultural land admeasuring 94 bigha 16 biswa situated at Village Pawa. The said suit was decreed by learned Assistant Collector, Didwana vide judgment and decree dated 31/05/2003 holding that the change of entries in the Jamabandi of Samwat 2023-26 in favour of the defendant No. 1 Ram Chandra was illegal. The defendant Nos. 1 and 2 in the said suit, who are respondent Nos. 2 and 3 in the present petition, filed an appeal before the Revenue Appellate Authority. The Revenue Appellate Authority dismissed the appeal vide judgment and decree dated 29.09.2003 and confirmed the judgment and decree dated 31/05/2003 passed by the Assistant Collector, Didwana. The defendant Nos.1 and 2 i.e. the respondent Nos. 2 and 3 in the present writ petition filed second appeal before the Board of Revenue. The Board of Revenue partially allowed the second appeal and set aside the judgments and decrees passed by the Courts below remitting back the matter to the Assistant Collector, Didwana for submitting evidence and examining the witness afresh. Aggrieved, the present writ petition has been filed by the petitioner/plaintiff.
(2.) During the pendency of the present writ petition, a compromise by way of family settlement has been arrived at between the parties. The matter, therefore, comes up on application (3930/2017) for disposal of the writ petition in the light of the family settlement dated 27/07/2017. A copy of the family settlement has also been placed on record as Annexure-A/1. Mr. Niranjan Patel and Mr. Sushil Solanki, learned counsel for the respondent Nos. 2 and 3 admits that the matter has been compromised and also verified the compromise deed dated 27/7/2017 (Annex.A/1). It is further stated by the learned counsel for the respondent Nos. 2 and 3 that they have no objection, if the present writ petition is allowed in terms of the compromise deed (Annex.A/1).
(3.) In view of the compromise deed (Annex.A/1) as well as statement of learned counsel for the respondent Nos. 2 and 3 confirming the said compromise, this Court has no hesitation in allowing the present writ petition.;