GULAM HUSSAIN KHAN Vs. SHAUKAT ALI SON OF LATE ASGAR ALI
LAWS(RAJ)-2019-11-77
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on November 25,2019

Gulam Hussain Khan Appellant
VERSUS
Shaukat Ali Son Of Late Asgar Ali Respondents

JUDGEMENT

INDERJEET SINGH ,J. - (1.) Instant writ petition has been filed by the petitioner with the following prayers:- "It is, therefore, humbly and most respectfully prayed that your Lordships may graciously be pleased to accept and allow the Writ Petition and be pleased to quash and set-aside the Order dated 19.10.2019 passed by Additional District Judge, fatehpur in Civil Regular Appeal No. 84/2016 (Annexure-1) whereby the application of the Respondents for withdrawal of their suit at appellate stage came to be dismissed and consequently be pleased to allow the application as was filed before the Appellate Court below under order 23 Rule 1 R/W 151 CPC for withdrawal of the suit in regard to the compromise arrived at between the parties and consequent disposal of the appeal as having gone infructuous in terms of compromise arrived at. Any other order as your Lordships may deem just and proper in the facts and circumstances of the case may kindly be passed, in the interest of justice."
(2.) Counsel for the petitioner submits that before the Appellate Court, a joint compromise was filed by the appellant and respondents, whereby the respondents-plaintiffs agreed to withdraw their suit. The said application was dismissed by the Appellate Court vide order dated 19.10.2019. Counsel further submits that application/compromise submitted by both the parties deserves to be allowed, as the suit pertains to the cancellation of release deed and the same was filed after 24 years of execution of the documents.
(3.) Counsel for the respondents-plaintiffs has not disputed this fact.;


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