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1998 DIGILAW 42 (ORI)

APANI DEI ALIAS APANA DEVI v. PURNA CHANDRA NAYAK

1998-01-28

P.K.MISRA

body1998
P. K. MISRA, J. ( 1 ) RESPONDENT Nos. 1 (b) and 2 in an appeal pending before the lower appellate court have filed the present Civil Revision under the following circumstances :plaintiff-opposite party No. 1 had filed Title Suit No. 190/92 of 1994/1990 which was dismissed by the trial court. During the pendency of Title Appeal No. 107 of 1994, a compromise petition signed by the plaintiff-appellant and respondent Nos. 1 (a), 1 (c) and 4 had been filed. Respondent Nos. 1 (b) and 2 who were not parties to the compromise filed objection to the recording of the compromise contending that the compromise between the appellant and respondents 1 (a), 1 (c) and 4 is collusive. It was further contended that, in fact, respondents 1 (a) and 1 (c) had no right in the disputed property and had no right to enter into any compromise with the plaintiff-appellant. The appellate court by order dated 11-3-1997 observed that there was no bar to record such a compromise and, therefore, posted the matter to 10-4-1997 for recording compromise. The appellate court had taken care to observe that the compromise no way affected the right of respondent No. 2 and his wife (respondent No. 1 (b)) and their right would not be affected. However, feeling apprehensive, respondent Nos. 1 (b) and 2 have filed this Civil Revision contending that no such compromise can be recorded in law. ( 2 ) HAVING heard the learned counsel for the parties and in order to avoid any future misgiving in the matter, I consider it appropriate to dispose of the Civil Revision in the following manner :- (a) As respondent Nos. 1 (b) and 2 have filed this Civil Revision contending that no such compromise can be recorded in law. ( 2 ) HAVING heard the learned counsel for the parties and in order to avoid any future misgiving in the matter, I consider it appropriate to dispose of the Civil Revision in the following manner :- (a) As respondent Nos. 1 (b) and 2 have not signed the compromise, obviously they would not be bound by the terms of the compromise and their interest, if any, in the property shall not be affected in any manner; (b) Since all the parties to the appeal have not joined in the compromise, obviously the appeal cannot be disposed of finally in terms of the compromise and has to be disposed of on merit between the appellant and the respondents who have not signed the compromise; (c) The status of respondent No. 1 (a) which was being challenged in the appeal as well as in another suit has to be considered and decided in the suit pending between some of the parties and the recitals in the compromise petition would not be binding on present petitioners, namely respondent Nos. 1 (b) and 2; (d) The rights of the parties who have not signed in the compromise have to be decided on the basis of the materials on record without being influenced in any manner by way of the recitals in the compromise petition; (e) The Cross-objection filed by the respondents has to be disposed of on merit. ( 3 ) SUBJECT to the aforesaid observations and directions, the Civil Revision is disposed of. There will be no order as to costs. Order accordingly. .